Jump to ContentJump to Main Navigation
The Decline of Natural LawHow American Lawyers Once Used Natural Law and Why They Stopped$
Users without a subscription are not able to see the full content.

Stuart Banner

Print publication date: 2021

Print ISBN-13: 9780197556498

Published to Oxford Scholarship Online: April 2021

DOI: 10.1093/oso/9780197556498.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2021

Substitutes for Natural Law

Substitutes for Natural Law

(p.188) 8 Substitutes for Natural Law
The Decline of Natural Law

Stuart Banner

Oxford University Press

This chapter offers a fresh perspective on some familiar aspects of the legal thought of the late 19th and early 20th centuries, by connecting them to the decline of natural law. Much of what we now call classical legal thought can be understood as the profession’s attempt to find a substitute for natural law, either by replicating the method of natural law with principles found elsewhere than in nature or by bringing natural law into the courtroom indirectly through positive law. At the same time, the decline of natural law led to the emergence of the view that judges are makers, not finders, of law.

Keywords:   classical legal thought, classical orthodoxy, substantive due process, historical jurisprudence, legal realism, law and economics, legal science, Christopher Langdell

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .