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- Title
The Tricky Relation between Law and Morality in History: How the Spanish Krausist Philosophy of Law is Interwoven into this Context.
- Authors
Manzanero, Delia
- Abstract
This paper contains a brief dissertation about the historical development of the connection between Law and Morality and explains how the Krausist philosophy of law is interwoven into this context. This paper is organised in three parts. I shall begin this dissertation by sketching briefly the background of the historical development of the connection between Law and Morality in the ancient, medieval and modern times, after which I shall present in the second part of the paper, which is focused on one of the leading trends during the end of the nineteenth century and the early twentieth century in Spain, embodied by the Krausist Philosophy of Law. I emphasise the importance of its liberal interpretation of the classical natural law theories of the magni Hispani and attempt to set forth several views that Krausist philosophers hold on the relation between law and morality, most of which are genuinely important and forerunners of the solutions that are still being discussed in the field of Philosophy of Law and Theory of State. In the third and final section, the present study deals with its major aim, namely, to provide a description of the development of natural law tradition in the Western legal theory from its ancient origins to the major issues of modern debate; in doing so, it is intended to set naturalist ideas in their context and to discuss the continuing relevance of the iusnaturalist thesis in the modern world. It is hoped that this paper may serve to outline not only the importance but also the essential interest of the naturalist tradition in the development of legal theory and moral philosophy.
- Subjects
SPAIN; LAW &; ethics; KRAUSE, Karl Christian Friedrich, 1781-1832; HISTORY of philosophy; NATURAL law; SPANISH history; KRAUSISM
- Publication
International Journal of Interdisciplinary Social Sciences, 2010, Vol 5, Issue 5, p153
- Publication type
Article
- DOI
10.18848/1833-1882/CGP/v05i05/51722