By Paulo Ferreira da Cunha (auth.)
For centuries, traditional legislations used to be the most philosophical criminal paradigm. Now, it's a ask yourself whilst a court docket of legislation invokes it. Arthur Kaufmann already underlined a contemporary common "horror iuris naturalis". We additionally recognize, with Winfried Hassemer, that the succession of criminal paradigms is an issue of style. yet why did usual legislations develop into superseded? Are there any remnants of it nonetheless alive this present day? This booklet analyses a few prejudices and myths that experience created a common false impression of typical legislation. As Jean-Marc Trigeaud positioned it: there's a average legislation that positivists invented. now not the true one(s). It seeks to appreciate not just the standard adversaries of ordinary legislations (like legalists, positivists and historicists) but in addition its extra enemies, the interior enemies of common legislation, similar to inner aporias, political and ideological manipulations, and so on. The booklet places ahead a reasoned and balanced exam of this treasure of western political and juridical even though. And, if we glance at it in a different way, traditional legislation is not at all a loser in our instances: since it lives in sleek human rights.
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1985. 11 Friedrich A. Hayek, Law, Legislation and Liberty, University of Chicago Press, 1973, 1976, 1979, 3 vols. 12 André-Jean Arnaud, “Présentation” Autour d’un dialogue imaginaire entre Michel Villey et Friedrich A. Hayek, Droit et société, 2009/1, no. 71, pp. 9–25. 2 Dialogues with Literature, Economic Theory and Theories of Justice 29 of theories of Justice, which have in common an ontological pluralism about law itself and some other peculiarities, namely some style or rhetorical aspects.
For example: the different ways how contemporary authors try to classify perhaps the most important author of the Luso-Brazilian eighteenth century iusnaturalism, António Ribeiro dos Santos, in political-ideological terms seems to be clarifying. 24 The separation between the “two” iusnaturalisms is essentially artificial, built by theory and it seems to have its roots in the political ground, not in the juridical one. The magnificence and importance of the Enlightenment on the State level maybe contributed to trouble the analysis.
Frankfurt am Main, Suhrkamp,1961. 30 Jacques Maritain, Natural Law. Reflections on Theory and Practice, Preface and editon by William Sweet, South Bend, Indiana, St. Augustine’s Press, 2001, p. 54. 31 Ibidem, p. 53: “the philosophical foundation of the rights of man is Natural Law. ”. 36 5 Contemporary Natural Law Dialogues the great miracles of the twentieth century. And, as the diplomat and writer Eça de Queiroz would say, that conversion is a kind of “soft miracle” (suave milagre). One by one, almost all the bastions that were anti-Human Rights have fallen.