From Positive Law Toward Natural Law

Abstract

The contribution defines natural law theory both as a theory of natural law and as a theory of positive law. From this perspective, it analyses the presence of natural law within positive law. This presence is also examined in contemporary constitutionalism, where positive law is substantively justified by constitutional principles, which are forms of practical reasonableness. The doctrine of natural law as a moral theory is then clarified in its teleological and objectivist aspects, also examining the concept of nature used in this theory. The analysis then turns to the critical function of natural law, as well as the connection between human rights and the lex naturalis. Finally, the natural law theory is analysed from the perspective of its connection with the concept of person and personal relationality, always with reference to the idea of law and justice.