TY - JOUR
T1 - The rule of law
T2 - Natural, human, and divine
AU - Ben-Menahem, Hanina
AU - Ben-Menahem, Yemima
N1 - Publisher Copyright:
© 2019
PY - 2020/6
Y1 - 2020/6
N2 - In this paper we compare two different contexts—the legal and the scientific—in which the concept of law is prominent. We argue that the acute philosophical awareness, in the early modern period, of the difficulties surrounding the law concept in the scientific context, and the various responses to these difficulties, are rooted in an earlier tradition of jurisprudential concerns over the concept of natural law in its legal sense. We seek to show, further, that each one of the various philosophical accounts of the concept of natural law (in both of its senses) is embedded in a metaphysical and theological context, so that different visions of God yield different accounts of the meaning of the natural law idiom in science as well as legal theory.
AB - In this paper we compare two different contexts—the legal and the scientific—in which the concept of law is prominent. We argue that the acute philosophical awareness, in the early modern period, of the difficulties surrounding the law concept in the scientific context, and the various responses to these difficulties, are rooted in an earlier tradition of jurisprudential concerns over the concept of natural law in its legal sense. We seek to show, further, that each one of the various philosophical accounts of the concept of natural law (in both of its senses) is embedded in a metaphysical and theological context, so that different visions of God yield different accounts of the meaning of the natural law idiom in science as well as legal theory.
UR - http://www.scopus.com/inward/record.url?scp=85076018158&partnerID=8YFLogxK
U2 - 10.1016/j.shpsa.2019.05.001
DO - 10.1016/j.shpsa.2019.05.001
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C2 - 32568708
AN - SCOPUS:85076018158
SN - 0039-3681
VL - 81
SP - 46
EP - 54
JO - Studies in History and Philosophy of Science Part A
JF - Studies in History and Philosophy of Science Part A
ER -