Kemal Gözler, “Tabiî Hukuk ve Hukukî Pozitivizme Göre Adalet kavramı [The Concept of Justice: Natural Law Theory vs. Legal Positivism]”, Muhafazakar Düşünce,  Yıl 4, Sayı 15, Kış 2008, s.76-90.

 

ABSTRACT

The Concept of Justice: Natural Law Theory vs. Legal Positivism.-  This article examines the concept of justice from the points of view of natural law and legal positivism. Natural law theory considers the concept of justice as the foundation of law. According to the natural law theory, a law must be just to be valid. However the definition of “just” under natural law has changed over time. The just is defined as that which complies with the nature in the Antiquity, the divine orders in the Middle Ages, and the reason in the Modern Period. According to the legal positivism, the concept of justice, as a metaphysical value, is an indefinable concept. For this reason, the study of the concept of justice falls outside of the legal science.

Key Words: Justice, natural law, legal positivism, nature, Kelsen.

 

 

Editör: Kemal Gözler

E.mail: kgozler[at]hotmail.com

Ana sayfa: www.anayasa.gen.tr