A Search for the foundations of natural law

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2002

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Tunçay, Serkan

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The present thesis analyzes the relationship between law and morality in a historical context and will attempt to present that there is a necessary connection between two spheres. Historical developments of the idea of natural law will be traced in the first three chapters of the thesis in order to present the necessary relationship between the sphere of legality and that of morality. In the fourth chapter the arguments of positivist theories against to natural law theory will be discussed. In the last chapter the reconcilation of naturalist theories with that of positivists will be examined and this chapter will be allocated to examine the idea that these two doctrines are not in fact mutually exlusive theories but are compatible. This thesis reaches the conclusions that it is not possible to comprehend legal field independently of the sphere of morality and any legal theory which does not regard into moral values would always be inadequate in comprehending legal phenomena in its entirity.

Subject Keywords

Natural law, Morality, Law, Justice, Equality, Right, Human rights, Social contract

URI

https://hdl.handle.net/11511/12465

Collections

Graduate School of Social Sciences, Thesis

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Citation Formats

S. Tunçay, “A Search for the foundations of natural law,” Middle East Technical University, 2002.