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24 votes

Is natural law a type of common law?

No, Natural law is not a type or subset of Common Law Natural Law is derived from what some person thinks is a logical and obvious rule, or what some person thinks is God's Law. There are many ...
David Siegel's user avatar
20 votes

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

how (academically) acceptable are such discussions and proposals? Some academic somewhere has probably discussed it, and did not breach strong academic norms by doing so. Is it the academically ...
ohwilleke's user avatar
  • 218k
7 votes

Has a question on natural law ever been asked of a U.S. Supreme Court nominee in a confirmation hearing?

Yes In 2010, on the last day of her testimony before the Senate Judiciary Committee, Justice Elena Kagan, was asked “Do you believe it is a fundamental, pre-existing right to have an arm to defend ...
Nemo's user avatar
  • 1,607
7 votes

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

It is surely permissible, and in that sense "acceptable", to propose changes, even fundamental changes, to laws and legal systems. In that sense the answer must be "Yes, it is ...
David Siegel's user avatar
7 votes

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

Probably a reason for why appeals to Natural Law have become less common, is that absolutely every legal or moral opinion can be supported by an appeal to Natural Law. One person can fervently believe ...
Johan Rönnblom's user avatar
6 votes

Is natural law a type of common law?

No. Natural law is a philosophical or theological concept. There is obviously quite a bit of debate about what it exactly means, and what those laws actually are, but it generally holds that all of ...
bdb484's user avatar
  • 60.3k
6 votes

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

Talk is free You can, in most countries, propose changes to law, even radical changes. You can discuss them, publicize them and advocate for them. The human rights based legal systems that are common ...
Dale M's user avatar
  • 211k
5 votes

How often, if ever, has the US Supreme Court cited the Natural Moral Law in a majority decision?

It has been used to interpret the constitution In DISTRICT OF COLUMBIA ET AL. v. HELLER the SCOTUS decided that the right to bear arms was an individual right and not a collective right limited to ...
Nemo's user avatar
  • 1,607
5 votes

What is Jurisprudence?

Legal Theory and Philosophy of Law There are two different meanings of the word Jurisprudence A heavy word for the study or knowledge of the law. If a judge or law lecturer were to refer to "the ...
Nemo's user avatar
  • 1,607
5 votes

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

Most Legal Professionals are not Academicians The proposal is standard in certain strands of academic moral philosophy. It is probably incomprehensible / irrelevant to most legal technicians ...
user6726's user avatar
  • 215k
5 votes

Is natural law a type of positive law?

Definitions The online free version (2nd ed) of Black's Law Dictionary defines"positive law" as: Legislature that consists of guidelines, statutes and codes which are imposed upon a country....
David Siegel's user avatar
4 votes

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

Natural law theory is currently being advocated for by a movement of law professors at Harvard and Oxford University, and is in particular championed by Adrien Vermeule, John Finnis, Richard Ekins and ...
plum's user avatar
  • 41
4 votes

What is Jurisprudence?

It depends upon context. Often, the word "jurisprudence" is used to describe the customary way that a particular judge, or a particular legal body, or a particular legal system, has ...
ohwilleke's user avatar
  • 218k
3 votes

What is Jurisprudence?

Jurisprudence is the philosophy of law Jurisprudence is not the same as law just like metaphysics is not physics and theology is not religion. The study of law is specific to a specific legal system, ...
Dale M's user avatar
  • 211k
2 votes

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

Which country is actually implementing the official UN human rights? In Europe we are already “twisting” the official UN human rights declaration to fit our needs. For example the European Convention ...
Michael's user avatar
  • 121
1 vote

How acceptable (mainstream/marginal) is the discussion about replacing the human rights with the natural law and to delete human rights chapters?

You posit an ethical issue in regards to law. Are we in agreement that the law even concerns itself with ethics? Does the government try to persuade you not to go on killing spree when it has the law ...
Neil Meyer's user avatar
  • 4,997
1 vote
Accepted

Has a question on natural law ever been asked of a U.S. Supreme Court nominee in a confirmation hearing?

Yes, in Clarence Thomas's 1991 confirmation hearing, "natural law" was discussed hundreds of times. Sen. Joseph Biden (D-Delaware) and Sen. Patrick Leahy (D-Vermont) asked Judge Thomas what ...
Geremia's user avatar
  • 989

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