Natural law and the creation of a universal system of justice
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August 8, 2021Natural law and the creation of a universal system of justice
Example philosophy dissertation topic 2:
Natural law and the creation of a universal system of justice.
Natural law dictates that law is determined by nature and thus is a universal concept. Aristotle suggested while ‘particular’ laws were created and enforced by individuals the ‘common’ law was one which was created only by the single force of nature. Given this, using the concept of natural law, can and should a universal system of justice be created? In international public law the concept of jus cogens suggests that some laws are universal and should be protected by all. Can such a theory be extended to create a universal legal system?
Suggested initial topic reading:
- Charney, J, ‘Universal International Law’ [1993] 87(4) AJIL 529
- Finnis, J, Natural Law and Natural Rights (2nd edn, 2011 OUP)
- Paust, J, ‘The Reality of Jus Cogens’ [1991] 7 Conn JIL 81
