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Natural law theories in the context of law, justice and citizenship

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2023
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Abstract (EN)

In this study, the relationship between law and justice is tackled within the framework of the natural law approach. The main purpose of the study is to open a discuss the question of how effective and sufficient the natural law approach is in providing justice and to answer this question based on the citizenship concept of thinkers that we associate with the natural law view. While seeking an answer to this question, we analyzed natural law as classical and modern in two parts and tried to trace the differences between the law, justice and morality conceptions of these two periods. Based on this evaluation, one of the arguments of the study is that when it is limited to a positive understanding of the law, it becomes difficult to provide justice and as a result, natural law is needed. At the same time, natural law has deficiencies in the provision of justice due to the inequality it contains and allows to reproduction. The second claim of this study, in which we refer to the opinions of thinkers rather than a discussion on the nature of the natural law tradition, and evaluate the differences in these views as an indicator of the transformation in the understanding of natural law; The idea of natural law is both the foundation of human rights and the source of the sense of citizenship that permeates human rights. It also contributes to the naturalization of those who have been stripped of their citizenship. With this aspect, natural law has been opened to discussion both with its dilemmas and with its content that can remove some obstacles in order to reach/approach justice. A concept of law, which protects personal and social autonomy at the same time, comprehends these two autonomy understandings as the necessity of each other and associates equality with a political existence as the right to be treated equally by removing it from being just legal equality. This approach is included in the study as a way of ensuring the harmony of law and justice. Although there are some differences in terms of the prominent concepts in the approaches of the thinkers, basically these claims are examined under the titles of the relationship between law and justice, citizenship, and disobedience a method that can be used/apply against the injustice of the law.

Author

Damla Uçak

How to Cite

Damla Uçak (Doctorate thesis). Natural law theories in the context of law, justice and citizenship, 2023, Mimar Sinan Fine Arts University.

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