NATURAL LAW AS AXIOLOGICAL ASPIRATION AND ETHICAL REFINER OF LAW
Summary: 1. The Distinction of Natural Law and Positive Law – 2. On Theories of Natural Law as Theories of Justice. – 3. Conclusions.
Abstract
It is not uncommon for us to see or give speeches on the subject of law. By qualifying it as right or wrong, good or bad, etc., we not only talk about its quality but in fact abstract from a simple legal reality whose subject is the state and aspire to meta-legal, mainly ethical, values. Moreover, these values must be a measuring criterion but also must be inherent in the legal act itself that has force and effect and that, as such, derives from the will of the competent state authority through certain procedures. Consequently, there are some rights that are not the product of the state but belong to man through the mere fact of being human. As such, the state has an obligation to recognise them and to ensure that man enjoys them. They are known as natural rights.
This paper aims to clarify the relationship of these rights with the positive law, commonalities, and dividing points, as well as some different variations of natural law.
About Authors
Valon Leci
PhD. (Philosophy of Law), Professor Assistant at Faculty of Philosophy, Secretary of Department of Philosophy, Faculty of Philosophy, University of Prishtina ‘Hasan Prishtina’, Prishtina, Kosovo valon.leci@uni-pr.edu https://orcid.org/0000-0002-3840-2510
Competing interests: I declare with moral and legal responsibility that I have no conflict of interest.
Disclaimer: The author declares that his opinion and views expressed in this manuscript are free of any impact of any organizations.
Funding: The author received no financial support for the research, authorship, and/or publication of this article. Funding of this publication was provided by author.
Managing editor – Dr. Olena Terekh. English Editor – Dr. Sarah White.
Copyright: © 2022 V Leci. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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V Leci ‘Natural Law as an Axiological Aspiration and Ethical Refiner of Law’ 2022 4(16) Access to Justice in Eastern Europe 55-67. https://doi.org/10.33327/AJEE-18-5.4-a000441
