Natural Law Theories – Trends of Development Cover Image

Естественоправни теории – тенденции на развитие
Natural Law Theories – Trends of Development

Author(s): Denitza Toptchiyska
Subject(s): Law, Constitution, Jurisprudence, History of Law, Philosophy of Law
Published by: Нов български университет
Keywords: Natural Law Theories; Morals; Positive Law

Summary/Abstract: The paper presents the contemporary legal theories of Lon Fuller and John Finnis in the context of the classical natural law tradition, aiming to mark the evolution of the relationship between morality and positive law and its relevance to the modern understanding of law.The idea of Fuller of the law as an activity that must comply with certain principles of legality, forming its morality, can be found in the basic principles laid down in existing instruments of international law and national constitutions.The basic goods defined by Finnis and his idea of the law as social mechanism, which should support personal development, become one of the most influential modern concepts of the law, influential not only in the law making process but also in the application law.In contemporary Bulgarian society the understanding of law as a concept aimed to ensure personal development and to achieve common good is an important aspect of the debate about the fairness and efficiency of the Bulgarian legal system.

  • Issue Year: 2014
  • Issue No: 3
  • Page Range: 33-47
  • Page Count: 15
  • Language: Bulgarian