|Natural justice: natural justice is an expression for a philosophical or theological justification of legal principles as opposed to a human implementation of law by constitutional, i.e. democratically legitimate, organs. See also right, laws, society, history._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. |
|Bubner I 193
Natural Justice/Hobbes/Bubner: HobbesVsAristotle: modern natural justice.
"Natural state" is a fiction in which the legal foundations of the founding of the state are anchored, while the actual conclusion of treaty overcomes that state through an artificial justice institute.
The natural law of the wise pursuit of the interests of each individual, as well as the impossibility, in principle, of collective enforcement of the interests of the individual increased to the death threat, belong to the characteristics of the natural state.
Both characteristics together result in a dilemma which the collective leaves behind by the task of the rights of all individuals in the conclusion of contract.
Nature acts here as a prerequisite and stimulant of a step beyond nature with regard to securing a lasting order.
Leviathan the contractually legitimate sovereign guarantees the order. He deserves the title of the natural only because of his inevitability.
Actually, he is a machine that imitates the divine creation._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
Leviathan: With selected variants from the Latin edition of 1668 Cambridge 1994
Antike Themen und ihre moderne Verwandlung Frankfurt 1992