L’IDÉE DE DROIT NATUREL AU XXEME SIÈCLE – L’ÉCOLE JUSNATURALISTE A-T-ELLE ETAIT VAINCUE PAR LE DROIT POSITIF?
THE IDEA OF NATURAL LAW IN THE 20TH CENTURY – HAS THE NATURAL LAW SCHOOL BEEN DEFEATED BY POSITIVE LAW?
Author(s): Vlad GrigorescuSubject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: natural law; divinity; positive law; jurists; higher moral order.
Summary/Abstract: The natural law, an emanation of Divine wisdom, was considered throughout the Middle Ages and up until the French Revolution as an important factor influencing the construction of positive law, despite the fact that it had an undeniable hegemony. The rise of revolutionary thought in 1789 caused it to lose ground in favor of positive law, and a controversy arose between its supporters and positivist jurists regarding its place. This work aims to highlight the various doctrinal controversies on the subject throughout the 20th century and the conflicts between these two notions of law.
Journal: IUS ROMANUM
- Issue Year: 2025
- Issue No: 1
- Page Range: 482-493
- Page Count: 12
- Language: French
