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Naturalistische politische Anthropologie und Naturrecht bei Aristoteles

  • Christoph Horn
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Abstract

Naturalistic political anthropology and natural law in Aristotle. The idea that positive law must have a moral foundation to be considered legitimate is familiar from the tradition of moral natural law and can already be found in the Stoics. However, Aristotle’s emphasis on the ‘natural’ foundations of the political raises the question of whether his thinking on law should already be attributed to the moral model of natural law. Does Aristotle present a normative naturalism - and if so, what kind? Perhaps a position close to that of moral natural law? To clarify this, the article analyses passages in which Aristotle addresses the concept of the ‘naturally just’ (physei dikaion). However, the state of research on this issue is highly controversial. My thesis is that Aristotle is not too far removed from the classical natural law position as it has been understood since the Stoics.

Abstract

Naturalistic political anthropology and natural law in Aristotle. The idea that positive law must have a moral foundation to be considered legitimate is familiar from the tradition of moral natural law and can already be found in the Stoics. However, Aristotle’s emphasis on the ‘natural’ foundations of the political raises the question of whether his thinking on law should already be attributed to the moral model of natural law. Does Aristotle present a normative naturalism - and if so, what kind? Perhaps a position close to that of moral natural law? To clarify this, the article analyses passages in which Aristotle addresses the concept of the ‘naturally just’ (physei dikaion). However, the state of research on this issue is highly controversial. My thesis is that Aristotle is not too far removed from the classical natural law position as it has been understood since the Stoics.

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