Analysis of how classical natural law and modern natural law interact A reflection on the transition from the Kantian right to the Aristotelian right

Document Type : Research Paper

Author

University of isfahan

10.22099/jls.2024.48515.5025

Abstract

Classical natural law, compared to modern natural law, is more loyal to social tradition. However, this statement does not mean the passage from what is to what should be among the thinkers of this type of natural Law. A passage that finds its framework in the logical path from Mythos to Phocis, Logos and finally to Arte. The question is, does this transition happen without metaphysical rule over the changing reality?

The basis of Aristotelian thought is the interaction of metaphysics and nature; because the origin of the Aristotelian jus is the social historical nature of human; a nature that is not free of idealism and therefore, it is evolutionary. The existence of two conflicting currents of interpretation in relation to the text of Nicomachean's ethics, either it has its roots in Christianity or it is a sucker for it, is a kind of traditionalism and historicism that does not reflect Kantian idealism and does not care about social existence.

Therefore, it should not be expected that Kant's right, which is a symbol of metaphysical oneness in the social field, will be accepted by Aristotelian natural law. However, if the origin of the Aristotelian jus is the nature of things,, the historical-social nature of human, and this nature also has an evolutionary nature, there is no reason why this nature is not the source of subject-oriented right and simply , compatible with the right to consider it as an object. Aristotelian subject is the origin of Aristotelian natural right.

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