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Natural Law in Court - A History of Legal Theory in Practice (Hardcover)
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Natural Law in Court - A History of Legal Theory in Practice (Hardcover)
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The theory of natural law grounds human laws in the universal
truths of God's creation. Until very recently, lawyers in the
Western tradition studied natural law as part of their training,
and the task of the judicial system was to put its tenets into
concrete form, building an edifice of positive law on natural law's
foundations. Although much has been written about natural law in
theory, surprisingly little has been said about how it has shaped
legal practice. Natural Law in Court asks how lawyers and judges
made and interpreted natural law arguments in England, Europe, and
the United States, from the beginning of the sixteenth century to
the American Civil War. R. H. Helmholz sees a remarkable
consistency in how English, Continental, and early American
jurisprudence understood and applied natural law in cases ranging
from family law and inheritance to criminal and commercial law.
Despite differences in their judicial systems, natural law was
treated across the board as the source of positive law, not its
rival. The idea that no person should be condemned without a day in
court, or that penalties should be proportional to the crime
committed, or that self-preservation confers the right to protect
oneself against attacks are valuable legal rules that originate in
natural law. From a historical perspective, Helmholz concludes,
natural law has advanced the cause of justice.
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