Derecho- Iusnaturalismo y Positivismo jurídico
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The discussion delves into the concept of law, starting with the question of what comes first, the egg or the chicken. It explores the act of attribution as the basis for natural law and introduces the idea that rights are inherent to human beings.
Act of Attribution and Natural Law
- The act of attribution is fundamental in distributing things, leading to natural law which embodies fairness and individual rights.
- Natural law originates from human nature, ensuring everyone's right to peaceful possession and enjoyment of what is rightfully theirs.
- Human rights stem from natural law, including rights such as life and freedom. Justice arises from giving each their due.
Legal Positivism vs. Naturalism
This part contrasts legal positivism with naturalism in legal philosophy, highlighting their differing perspectives on the origin and essence of law.
Legal Positivism
- Legal positivism focuses on analyzing existing laws without critiquing them critically or considering moral aspects.
- Coercion is seen as essential in legal positivism, where laws are viewed as rules guiding behavior with consequences for non-compliance.
Naturalism
- Iusnaturalismo emphasizes that laws have value and obligation based on intrinsic goodness rather than being created by a sovereign legislator.
- Iusnaturalismo asserts that individuals can distinguish between good and bad based on a universal rational order.
Variants of Naturalism
Different branches within naturalism are explored, focusing on how they perceive natural law's relationship with positive law.
Classical Naturalism
- Classical naturalism believes that positive law should encompass natural law principles for justice.
Rationalist Naturalism
- Rationalist naturalism holds that society adheres to fixed, immutable laws separate from time and history.