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The Deontological Or Naturalist Foundation Of Validity

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Chapter Summary

On the plane of legitimacy, in effect, the power or authority of the governor was anciently upheld by appeal to the theory of the divine origin of power, what might be called "a theocratic basis of power". On the efficacy plane, this chapter examines how law and religion appeared as historically fused. The relationship between law and ethics, as regards validity, is connected to the distinction between static and dynamic systems. Divine law, like natural law, is one and immutable as opposed to the plurality and changing content of the law of different religious denominations or the positive laws of the various states. The chapter discusses some natural law theories such as Saint Thomas Aquinas' Theory of Law, Leon Petrazycki's Psychological Theory of Validity and Ronald Dworkin's Anti-positivist Theory of "Legal Policies" as a Reaction to Hart.

Keywords: divine law; legitimacy; Leon Petrazycki; natural law theories; positive law; Ronald Dworkin; Saint Thomas Aquinas

10.1163/ej.9789004179325.i-376.44
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