Create a new account

It's simple, and free.

Legal Naturalism & Positivism

plied to command and prohibition" (Sinha 89). The natural law promulgated by Christian theologians was developed as the hierarchical, universal Church of Rome (intent on secular and religious dominance) replaced the Roman reliance on reason alone "with Christian faith as the supreme law of the universe" (Sinha 91). As explicated by Thomas Aquinas in the thirteenth century divine law (at least that portion of it intelligible to human beings) was at the pinnacle of a hierarchy of types of law extending through eternal law, whose principles are revealed in natural law from which, in turn, "are derived all human laws" (Sinha 93).

A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expande

...

< Prev Page 3 of 11 Next >

More on Legal Naturalism & Positivism...

Loading...
APA     MLA     Chicago
Legal Naturalism & Positivism. (1969, December 31). In LotsofEssays.com. Retrieved 15:34, May 23, 2025, from https://www.lotsofessays.com/viewpaper/1698954.html