Legal naturalism
Legal naturalism is a term coined by Olufemi Taiwo to describe a current in the social philosophy of Karl Marx which can be interpreted as one of natural law. Taiwo considered it the manifestation of Natural Law in a dialectical materialist context. The concept recognizes the existence of legal priorities or principles, which form an intrinsic part of an economic system.[1]
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Taiwo distinguished legal naturalism from Marxism by faulting the latter's bifurcation of the canon between the economic "substructure" of a society and the humanitarian, moral, cultural "superstructure".[2] However, he acknowledged that legal naturalism is, ultimately, "a novel synthesis of the Marxist theory with the natural law theory".[2] According to Taiwo, legal naturalism is both natural law and positive law, constituting a duality of legal existence.[3] The theory is distinctive from other theories under naturalism in the sense that it views natural law as part of social formation or mode of production.[3]
A related concept to legal naturalism is iusnaturalism, which holds that the ideas of nature and divinity or reason validate natural and positive laws.[4]
See also
Books
- Legal Naturalism: A Marxist Theory of Law (Olufemi Taiwo, Cornell University Press, 1996) ISBN 0-8014-2851-3
References
- Wiredu, Kwasi (2008). A Companion to African Philosophy. Malden, MA: John Wiley & Sons. p. 132. ISBN 0631207511.
- Hallen, Barry (2002). A Short History of African Philosophy. Bloomington, IN: Indiana University Press. p. 79. ISBN 025334106X.
- Taiwo, Olufemi (2015). Legal Naturalism: A Marxist Theory of Law. New York: Cornell University Press. pp. 1. ISBN 9780801428517.
- Falcon y Tella, Maria José. A Three-Dimensional Theory of Law. Leiden: Martinus Nijhoff Publishers. pp. 204, 326. ISBN 9789004179325.