While natural law theorists have offered a variety of interpretations of the relationship between justice and legality over the ages, two main schools of thought have crystallized--theorists have termed these schools "strong natural law theory
" and "weak natural law theory
One's argument for historical jurisprudence might be based less on its (and social legal theory's) uncontroversial claims about the importance of history and culture to law, and more on the assertion that contemporary alternative approaches--legal positivism, natural law theory
, etc.--have important defects and gaps.
Whitehead (l) states that: "the concept of Natural Law is one of the most confused ideas in the history of western thought." this is due to the fact that there are various conceptions of natural law, and because even those who are in basic agreement on natural law theory
often cannot see eye to eye on the particulars.
One of the few favorable references to natural law theory
appears in a footnote in the first volume of Law, Legislation and Liberty (Hayek 1973a, pp.
stature to legal positivism, (20) whereas natural law theory
Ratnapala's task is somewhat ambitious--to vindicate Hayek's theory of common law jurisprudence as both more predictive and more normatively appealing than rival approaches to law, such as legal positivism and natural law theory
positivism from natural law theory
were it compatible with one of
Nonetheless, Vattel joins his illustrious predecessors in articulating a secular natural law theory
capable of resisting scholastic and imperialist incursions against sovereign territorial states.
Sorkin helpfully draws out the links between natural law theory
in Gallicanism and in German Protestantism and the efforts of Eybel under Maria Theresa and Joseph II.
One response to this epistemological predicament has been a revival of natural law theory
, especially among political conservatives.
Ministers of the law; a natural law theory
of legal authority.
We can read discussions on whether Kantian disinterest is the appropriate mode of apprehension for football; on whether the position of the referee in football is best theorized by natural law theory
, by Hobbesian or Rawlsian contractarianism, by John Austin's theory of laws as commands of the sovereign, Hart's theory of laws as social rules, or Holmes's legal realism (all this in four pages, which gives some idea of the depth and sophistication of the analysis).