Derecho natural clásico, derecho natural moderno y positivismo
ISSN: 1516-0351
Year of publication: 2021
Volume: 14
Issue: 4
Pages: 1881-1909
Type: Article
More publications in: Quaestio Iuris
Abstract
For centuries, the jurist was able to discover from the natural reality that allowed legal requirements to declare what was right or wrong. Modernity chose to abandon reality as a starting point and go from abstract reason and consensus to determine what should be had for just universally. Contemporary positivism has chosen to reduce any possible justice to the content of the law's consensus within society. Would it be possible to return to the path of right reason to discover the just thing examining the human reality?