Abstract

LA TORRE, Massimo. On two distinct and opposing versions of natural law: exclusive" versus "inclusive. Rev. Derecho Estado [online]. 2013, n.30, pp.7-30. ISSN 0122-9893.

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 naturallaw theory," on which approach the law is valid only ifits content satisfiesa 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.

Keywords : Exclusive legal positivism; inclusive legal positivism; exclusive natural law; inclusive natural law.

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