CONSIDERATIONS ON THE EVOLUTION OF NATURAL LAW FROM THE PERSPECTIVE OF THE CHALLENGES OF CONTEMPORARY SOCIETY

Claudiu Ramon D. Butculescu ()
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Claudiu Ramon D. Butculescu: Spiru Haret University, Bucharest, Romania

Perspectives of Law and Public Administration, 2017, vol. 6, issue 1, 26-30

Abstract: This paper briefly analyzes a new perspective regarding natural law and its effects on the contemporary society, especially from the perspective of the social interaction of legal persons. The present study aims to analyze whether natural law can be divided into two components: one internal and one external, which also can influence and complement one another. Although at first glance it can be considered that legal positivism has a special influence on the normative social system, one should consider more likely that the two general schools of thought - natural law and legal positivism - are complementary and harmonize each other. The legal phenomena that systematically influences the cultural matrix of the system of law can be analyzed from the perspective of the natural law. Natural law is closely linked to the external phenomenology that influences the social normative system and implicitly the system of law, while legal positivism is closer to the formal sources of law. Within the concept of natural law, after a thorough analysis, a new different concept may be envisioned, namely the concept of universal law, which may be different from natural law, although it may have the same sources as the latter. These two concepts can be used as tools for analyzing how people interact within the system of law, especially in the framework of social and economic relations that are established today between legal entities. This paper tries to present the structure and the traits of each of these concepts and their similarities and differences. At the end of the paper, brief conclusions regarding the effects of these concepts on the legal relations established between various legal entities are presented, as well as the effects that appear because of their interaction.

Keywords: natural law; universal law; legal positivism; law system. (search for similar items in EconPapers)
JEL-codes: K10 K40 (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:6:y:2017:i:1:p:26-30

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