Francesco Cavalla

The Present Meaning of the Debate between Natural Law Theory and Legal Positivism

  • Abstract

Informations and abstract

Keywords: Natural Law Theory, Legal Positivism, Legal Norm, Sources of Law, Trial.

At present the concept of positive law is undergoing deep changes as laws are produced by many different sources in addition to States. Legal norms have the specific characteristic of belonging to a set which also provides a competent court to decide on disputes: these take place through the opposition between different determinations of legal norms. On the other hand, that same rule which requires parties to enter a dialogue has no possible opposition. So positive law is implemented by means of the actual opposition - in a dialectical method - between different determinations of previously made norms. The appeal to natural law ceases to be of importance when trials - where law becomes positive - are considered the proper venue for the assertion of critical issues of any kind towards previously made norms.

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