Asupra existenței și utilității dreptului natural: evoluția unui concept

In: Studia Universitatis Babeş-Bolyai. Iurisprudentia, Band 65, Heft 4, S. 1006-1059

Abstract

In this article, I approached the concept of natural law, starting with the analysis of some of its first definitions developed by Cicero. Moving toward recent history, I demonstrated the usefulness of this concept in the context of dealing with legal systems specific to dictatorial regimes. Next, I presented arguments proving the existence of natural law and I determined its content, referring to the general principles included in it, which underpin positive law, and to its importance in terms of ensuring respect for fundamental rights. In the final part of this article, I analyzed the confrontation between jusnaturalism and legal positivism in order to highlight even more clearly the features of natural law. Last but not least, I stressed the importance of choosing a jusnaturalistic legal mindset in order to prevent and fight against legal systems that are manifestly contrary to natural law.