Clarifying the Natural Law Thesis

Research output: Contribution to journalArticleResearchpeer-review

Abstract

[Extract]
The core claims of natural law jurisprudence have been expressed in many different ways. One useful way of understanding the tradition, however, is through reference to what Mark Murphy has called the natural law thesis: law is necessarily a rational standard for conduct.1 The natural law thesis holds that a norm or system of norms that does not serve as a rational standard for conduct is necessarily invalid or defective as law. Proponents of natural law jurisprudence characteristically affirm the natural law thesis, while legal positivists characteristically deny it.
Original languageEnglish
Pages (from-to)159-181
Number of pages23
JournalAustralasian Journal of Legal Philosophy
Volume37
Publication statusPublished - 2012
Externally publishedYes

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