Metodo

International Studies in Phenomenology and Philosophy

Series | Book | Chapter

206101

The positive law

natural law dichotomy, Aristotle and the Greek totemic legal culture

William E Conklin

pp. 13-35

Abstract

One can readily appreciate that the tradition of legal positivism has defined itself in terms of an antagonist: natural law theory. Binding laws are considered cognitive objects (rules, principles, doctrines, policies) that human authors have posited. Natural laws are said to transcend such humanly posited objects. If inconsistent with the natural law, a humanly posited rule is void or unauthorized. As such, the humanly posited rule does not exist.

Publication details

Published in:

Conklin William E (2001) The invisible origins of legal positivism: a re-reading of a tradition. Dordrecht, Springer.

Pages: 13-35

DOI: 10.1007/978-94-010-0808-2_2

Full citation:

Conklin William E (2001) The positive law: natural law dichotomy, Aristotle and the Greek totemic legal culture, In: The invisible origins of legal positivism, Dordrecht, Springer, 13–35.