On Two Distinct and Opposing Versions of Natural Law: "Exclusive" versus "Inclusive"

Ratio Juris 19 (2):197-216 (2006)
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Abstract

This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural-law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural-law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural-law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies their meaning. The article argues that inclusive theories of natural law are better suited to expressing an authentic “republican” attitude.*In the seed of the city of the just, a malignant seed is hidden, in its turn: the certainty and pride of being in the right. (Calvino 1997, 162)

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Massimo La Torre
University of Hull

References found in this work

The Concept of Law.Hla Hart - 1961 - Oxford, United Kingdom: Oxford University Press UK.
Practical reason and norms.Joseph Raz - 1975 - London: Hutchinson.
Natural Law and Natural Rights.John Finnis - 1979 - New York: Oxford University Press UK.
Reason and morality.Alan Gewirth - 1978 - Chicago: University of Chicago Press.

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