The Role of Natural Law after World War II (Case of Nuremberg Trial)
The Role of Natural Law after World War II (Case of Nuremberg Trial)
Author(s): Irisi TopalliSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: moral; right; natural law; positive right
Summary/Abstract: Natural law is a set of inherent rights, based on the nature and existence of every man. Everyone has equal natural rights (such the right to live and physical inviolability or personal freedom) irrespective of gender and his age, his position in society, time, place and order the state in wich he lives. Such as natural law is one universal right, applicable to all men and all times. Natural rights are pre and on- state, and therefore inalienable right of “permanent”. They differ from law and other legal norms, historically variable, set by the state (positive law). In this study we will be to stop the influence of natural law after World War II, since this is the period in which it had a great influence, especially in regard to the doctrine of international law and human rights. Focus of the study will also be its role in postwar national courts and especially the case of International Court of Nuremberg.
Journal: Acta Universitatis Danubius. Juridica
- Issue Year: 11/2015
- Issue No: 1
- Page Range: 87-97
- Page Count: 11