자연주의적 자연법 이론의 가능성

The theory of natural law historically became the basis of the Western legal system and still has its influence in the name of the Constitution and human rights. The classic natural law theory is that there is a just law above the positive law and that the law has universal character and that the law can be found in human nature. But that theory has been criticized as a kind of logical fallacies by deriving the principle of law from human nature. Modern natural law theorists have been trying to avoid such criticism. But the argument of natural law based on human nature is not a logical fallacy that must be avoided. In particular, there is the possibility of linking the normative implication in the discussion of human nature according to the position of liberal naturalism, and there is still possibility of giving significance to the normative contents while taking the position of naturalism. This paper argues that the claim that there is a normative implication based on human nature can have a strong theoretical significance if it takes the position of liberal naturalism and acknowledges the supervenience relationship between human nature and normative implications. If this is expanded, it may be possible to use liberal naturalism and accompanying theory as the evaluation theory of the positive law. Finally, the possibility of evaluation theory based on human nature, this is the significance of natural law theory in modern times as critical thinking style of the positive law.