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Full-Text Articles in Legal History
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
Seattle University Law Review
Legal philosophers, especially of the positivist variety, traditionally have assumed that the proponents of natural law theory present too facile an answer to the vexed question of whether an unjust law can be said to exist when it is duly sanctioned by legal and political authority. If not disappointed by the answer itself, they have been most unhappy with the explanation that accompanies it and, indeed, are prepared to challenge the very foundations of a theory of law which pays so little heed—either empirically or in terms of pure logic—to the actual operations of existing legal systems. Kant initiated the …
Ideology And History, David F. Forte
Ideology And History, David F. Forte
Law Faculty Articles and Essays
I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …