The rational turn

Abstract

The prevailing notion of natural law is generally seen to have originated either in Plato or in Aristotle and is then being traced through Thomas Aquinas to modern times. In this narrative, all conceptions of natural law share a common function: they are standard-setting. They (at least partly) determine, legitimise and limit positive law. However, this standard-setting (and mostly: rational) natural law gained a rather late victory over an older, more teleological and oft-forgotten concept of natural law: Aristotle’s physikon dikaion is neither a standard nor a limitation to the nomikon dikaion. Only after and probably thanks to Thomas Aquinas, natural law could be established as an immutable (and rationally discernible) standard of positive law.

Keywords

Naturrecht | Islam | Aristoteles | Thomas von Aquin | aequitas | epieikeia | Natural law | Islam | Aristotle | Thomas Aquinas | aequitas | epieikeia

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