
Contents
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2 Sources in the Scholastic Legacy: The (re)Construction of the Ius Gentium in the Second Scholastic
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I. Introduction I. Introduction
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II. Discerning Three Elements in Ancient Thought II. Discerning Three Elements in Ancient Thought
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III. Developing the Three Elements in the Middle Ages III. Developing the Three Elements in the Middle Ages
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IV. Internationalizing and Renegotiating the Three Elements in Modernity IV. Internationalizing and Renegotiating the Three Elements in Modernity
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V. The Re-Emergence of the Three Elements in Contemporary International Law V. The Re-Emergence of the Three Elements in Contemporary International Law
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VI. Conclusion VI. Conclusion
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Research Questions Research Questions
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Selected Bibliography Selected Bibliography
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26 Sources and the Legality and Validity of International Law: Natural Law as Source of Extra-Positive Norms
Get accessMary Ellen O’Connell, Robert and Marion Short Professor of Law at the University of Notre Dame, United States.
Caleb M. Day, Master of Theological Studies Graduate from the University of Notre Dame, United States.
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Published:05 February 2018
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Abstract
This chapter posits that international law, like all law, can be understood as a hybrid of positive and natural law. The history of natural law from Ancient Greece to today’s global community reveals that the method used for centuries to explain extra-positive features of law consists of three integral elements. The method uses reason, reflection on nature, and openness to transcendence. Certain contemporary natural law theorists, however, prefer to focus on reason and nature alone. Yet, the history of natural law thinking shows that transcendence is integral to the method. History also reveals that religion is not the only avenue to transcendence. Transcendence completes a natural law method capable of explaining persuasively why law binds in general and why certain principles are superior to positive law.
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