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- Title
On Two Distinct and Opposing Versions of Natural Law: “Exclusive” versus “Inclusive”.
- Authors
La Torre, Massimo
- Abstract
This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural-law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “ exclusive natural-law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “ inclusive natural-law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies their meaning. The article argues that inclusive theories of natural law are better suited to expressing an authentic “republican” attitude. *
- Subjects
NATURAL law; JURISPRUDENCE; LAW; REALISM; RATIONALISM; MODERN philosophy; FINNIS, John
- Publication
Ratio Juris, 2006, Vol 19, Issue 2, p197
- ISSN
0952-1917
- Publication type
Article
- DOI
10.1111/j.1467-9337.2006.00324.x