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Abstract
This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis: law is necessarily a rational standard for conduct. The natural law position comes in strong and weak versions: the strong view holds that a rational defect in a norm renders it legally invalid, while the weak view holds that a rational defect in a legal norm renders it legally defective. The article explores the motivations for the natural law position, before considering three lines of natural law argument found in the literature. I conclude by examining the arguments offered by John Finnis and Murphy in support of the weak natural law view. I suggest that these arguments fail to impugn the strong natural law thesis. Indeed, the functional argument outlined by Murphy provides a plausible route to a hybrid natural law view that incorporates both weak and strong claims.
Original language | English |
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Pages (from-to) | 91-101 |
Number of pages | 11 |
Journal | Philosophy Compass |
Volume | 11 |
Issue number | 2 |
DOIs | |
Publication status | Published - 1 Feb 2016 |
Externally published | Yes |
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Dive into the research topics of 'Natural Law Theories'. Together they form a unique fingerprint.Related Activities
- 1 Oral presentation
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Is Natural Law Timeless?
Jonathan Crowe (Speaker)
6 Nov 2019Activity: Talk or presentation › Oral presentation