Natural Law and Its Influence on the Legal Rules of Positive Law Cover Image

Natural Law and Its Influence on the Legal Rules of Positive Law
Natural Law and Its Influence on the Legal Rules of Positive Law

Author(s): Constantin Cezar Tită, Violeta Dana Tită
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Fundaţiei România de Mâine
Keywords: natural law; positive law; human rights; individual; state;

Summary/Abstract: People can only live together in developing communities based on rules followed by all individuals. Above all these rules of men there is a system of law, called natural, eternal and immutable law, continuously applicable to all human beings. This natural law is not the same as the ideal law, which is distinguished by certain fundamental features. Natural law exerts a special influence on positive law, the rules of which are imbued with jusnaturalistic principles. The plenary expression of natural law is the fundamental human rights and relations of international law. In the contemporary period, fundamental human rights have experienced many limitations and violations, sometimes by totalitarian states, some time seven in open societies, where, for the sake of individual security, certain fundamental rights and freedoms the latter one having been limited. A good example is the limitations that individuals are currently subjected to due to the COVID-19 pandemic.

  • Issue Year: VI/2020
  • Issue No: 11
  • Page Range: 97-103
  • Page Count: 7
  • Language: English