The Not So Minimum Content of Natural Law
Bibliographic Data
| ID | 7530295 |
|---|---|
| Authors | Richard A Epstein (0000-0001-6624-7311, corresponding author) |
| Year | 2005 |
| Volume | 25 |
| Issue | 2 |
| Pages | 219-255 |
| Publication date | 2005-05-31 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Oxford Journal of Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 0143-6503 • E-ISSN: 1464-3820 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/ojls/gqi012 |
| OpenAlex | W1994304897 |
| Language | EN |
| Citations received | 1 |
This article examines Hart’s claim that it is possible to identify a core set of moral principles that constitute the minimum content of natural law. It argues that there is no reason to link natural law solely to self-preservation when its principles could be extended to maximize social welfare. The article then shows how these so-called minimum rules of property, contract, and tort have in fact large generative powers that allow them to explain many of the salient features of any complete legal system. The article also shows how the relevant principles in this regard can be developed by an appeal to Hart’s principles of defeasibility and causation. Both of these concepts organize the orderly and incremental expansion of legal rules from their initial core into a complete legal system
Content (measure theory · Economics · Geography · Law and economics · Mathematical analysis · Natural (archaeology · Political science · American Constitutional Law and Politics · Evolving Legal Systems and Governance · Law · Mathematics · Multicultural Socio-Legal Studies
| Unique citing works | 1 |
|---|---|
| Citations per year | 0.2 |
| Citation span | 2021 - 2021 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |