Suchergebnisse

The widespread revival of natural law theories among jurists of the Continent & of the US should be a matter of interest to pol sci'ts & sociol'ts. A distinction is drawn between the 'ideal' natural law of the 18th cent, which purported by the use of reason to lay down a detailed universal code of laws for all time, & the revived classical natural law which sought for broad principles derived from experience of reality. The argument that broad principles of natural law are futile, because they provide no guide for the solution of particular problems, is met by showing that positive law, which operates effectively, has also to apply broad principles to concrete situations, an application which calls for discretion & not mere logical subsumption. Jurists, recognizing that natural law should be based on experience, also seek for a sociol of law. The empirical study of 'legal behavior has already made progress: its ultimate task is the description of the operation both of 'power' & of the 'sentiment of justice'.' (AA-IPSA).