Positive Law and Natural Law

  • Viola F
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Abstract

The aim of this paper is to demonstrate: 1) that the notions of positive and natural law are not incompatible; 2) that positive and natural law are two species of the same genus "law," conceived as an obligatory prescription; 3) that the obligatory force of both laws depends on a rational justification, discriminating juridical norms from mere impositions; 4) that the difference between those laws depends on the universality or the particularity of their justification.

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Viola, F. (2017). Positive Law and Natural Law. In Encyclopedia of the Philosophy of Law and Social Philosophy (pp. 1–6). Springer Netherlands. https://doi.org/10.1007/978-94-007-6730-0_51-1

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