David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 19 (4):433-449 (2000)
Norman Kretzmann's recent analysis of the natural law slogan ``lex iniusta non est lex'' (an unjust law is not a law) demonstrates the coherence of the slogan and makes a case for its practical value, but I shall argue that it also ends up showing that the slogan fails to mark any interesting conceptual or practical division between natural law and legal positivist views about the nature of law. I argue that this is a happy result. The non-est-lex slogan has been used to exaggerate the extent of disagreement about the nature of law and has diverted critics of natural law theory from recognizing that the main disagreement between natural lawyers and legal positivists centres on theories of practical reason and how they affect our understanding of the relationship between law and morality. This extends the debate about the nature of law somewhat beyond the traditional boundaries of philosophy of law, but these boundaries are due in part to the diversion created by debate over the non-est-lex slogan. Recognizing that the non-est-lex slogan fails on its own to mark any interesting practical or conceptual division between natural law theories and legal positivism should therefore focus and encourage debate on matters of genuine substance between these outlooks. The disagreement, however, may turn out to be primarily metaphysical and explanatory and not normative in nature.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Matthias Perkams (2008). Naturgesetz, Selbstbestimmung und Moralität. Thomas von Aquin und die Begründung einer zeitgemässen Ethik. Studia Neoaristotelica 5 (2):109-131.
C. Fred Alford (2010). Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights. Palgrave Macmillan.
Owen J. Anderson (2012). The Natural Moral Law: The Good After Modernity. Cambridge University Press.
Murray Skees (2009). The Lex Permissiva and the Source of Natural Right in Kant's Metaphysics of Morals and Fichte's Foundations of Natural Right. International Philosophical Quarterly 49 (3):375-398.
Henrik Syse (2007). Natural Law, Religion, and Rights: An Exploration of the Relationship Between Natural Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke. St. Augustine's Press.
Fulvio Di Blasi (2006). God and the Natural Law: A Rereading of Thomas Aquinas. St. Augustine's Press.
J. S. Russell (2000). Trial by Slogan: Natural Law and Lex Iniusta Non Est Lex. [REVIEW] Law and Philosophy 19 (4):433 - 449.
Added to index2009-01-28
Total downloads31 ( #77,866 of 1,696,305 )
Recent downloads (6 months)1 ( #333,740 of 1,696,305 )
How can I increase my downloads?