A Theory of Legal Sentences (Law and Philosophy Library)

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This is usually expressed as lex iniusta non est lex (an unjust law is not law). But modern scholars maintain that Aquinas himself never made this assertion, but merely quoted St Augustine. Plato, Aristotle, and Cicero also uttered comparable sentiments, yet it is a proposition that is most closely associated with Aquinas who seems to have meant that laws which conflict with the requirements of natural law lose their power to bind morally epub. The inevitable distinction between the two must be adjusted by re-examining our own judgements so that we ultimately reach a state of affairs in which our considered intuitions are in harmony with our considered principles , source: Beyond Constitutionalism: The Pluralist Structure of Postnational Law (Oxford Constitutional Theory). By postulating latent knowledge of these and other basic legal norms, we can accurately predict human moral intuitions in a huge number and variety of actual cases. How this knowledge is acquired and put to use in different cultural, social, and institutional contexts thus emerge as pressing questions for law, philosophy, the social sciences, and the cognitive and brain sciences, broadly construed , e.g. http://dialysiswashout.com/freebooks/the-renunciation-of-an-ecclesiastical-office-1945-cua-studies-in-canon-law. On Leiter’s view, philosophers generally should aim to unpack the “concepts that have been vindicated by their role in successful explanation and prediction of empirical phenomena” (Leiter 2007, 184) pdf.

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