CRIM 338 Chapter Notes - Chapter week 5: Nuremberg Trials, Syllogism, John Stuart Mill
17 Dec 2019
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The decline of natural law theory: 2 principles developments contributed to this decline, rise of legal positivism, non-cognitivism in ethics. Facts about the world or human nature cannot be used to determine what ought to be done or not done. Finnis agrees with hume that the arguments are invalid. The revival of natural law theory: number of factors contributed to a reawakening of natural law theory. Following 6 factors constitute the major landmarks in this evolutions: post war recognition of human rights and their expression in declarations (ex: charter of the. Un, universal declaration of human rights, european convention on human rights, Declaration of delhi: natural law is conceived of, not a higher law, but as a yardstick against which to measure positive law. Impact of the nuremberg war trials established the principle that certain acts constituted. "crimes against humanity" regardless of the fact that they did not offend against specific provisions of the positive law.
