Modern Natural Law: From Absolutism to Enlightenment, Apuntes de Derecho

¡Descarga Modern Natural Law: From Absolutism to Enlightenment y más Apuntes en PDF de Derecho solo en Docsity! Tema 4 apuntes clase Modern natural law: Emerged in the 17th century. Context in this century: emerge of absolutism (independent and supreme power of the King in a territory, no limits) in several countries, king divine right, hereditary. Countries without absolutism (Netherlands and UK). Jurisdictional theory main current of theory. Print important invention because a lot of ideas started to spread through Europe, currents of thought: humanism and Protestantism. Legal humanism: legitimized absolutism, the royal power, gives importance to the Royal Law instead of the ius commune and costmary law. King acquires more power: administrative monarchy. - Hugo Grotius from Netherlands. Neew methodology, he tried to give order to the chaotic legal system. He understood law as a certain science. Characteristics:  Naturalism: study human nature.  Secular  Rational: reason is the supreme power - Dialect between natural law and positive law Main difference between natural law and positive law is that positive law is made by people, humans, physic, and natural law is universal and eternal, not made by people. Positive law is limited geographically, it is not eternal (it can be abrogated, changes,…) Natural law difference to the classical and medieval: The classic focused on divinity, it derives from God, they study the cosmos, theological. The modern natural law: derives from human nature, state of nature (primal state, not physic, abstract), individuals are free to govern their own actions. Rational vision, the legal system is a science, it does not come from God, you just need the reason to understand the human nature. Modern natural law provides the foundation for Positive Law. It legitimizes absolutism. The monarch is the maximum interpreter of natural law, he is the one who can make positive law. Idealization of the monarch. From universalism to particularism, from universal principles (natural law) to particular (positive laws each king and territory). 18th century: ENLIGHTMENT Most important ideas: liberty, happiness, separation of church and state, fraternity. Thanks to this there is a new type of absolutism: Enlightment despotism. Personal implementation of Enlightment ideas. He improved the affairs of Enlightment, but he maintained the absolute control of the state. “Everything for the people but nothing …”