The Tricky Relation between Law and Morality in History: How the Spanish Krausist Philosophy of Law is Interwoven into this Context

By Delia Manzanero.

Published by The Social Sciences Collection

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This paper contains a brief dissertation about the historical development of the connection between Law and Morality and explains how the Krausist philosophy of law is interwoven into this context. This paper is organised in three parts. I shall begin this dissertation by sketching briefly the background of the historical development of the connection between Law and Morality in the ancient, medieval and modern times, after which I shall present in the second part of the paper, which is focused on one of the leading trends during the end of the nineteenth century and the early twentieth century in Spain, embodied by the Krausist Philosophy of Law. I emphasise the importance of its liberal interpretation of the classical natural law theories of the magni Hispani and attempt to set forth several views that Krausist philosophers hold on the relation between law and morality, most of which are genuinely important and forerunners of the solutions that are still being discussed in the field of Philosophy of Law and Theory of State. In the third and final section, the present study deals with its major aim, namely, to provide a description of the development of natural law tradition in the Western legal theory from its ancient origins to the major issues of modern debate; in doing so, it is intended to set naturalist ideas in their context and to discuss the continuing relevance of the iusnaturalist thesis in the modern world. It is hoped that this paper may serve to outline not only the importance but also the essential interest of the naturalist tradition in the development of legal theory and moral philosophy.

Keywords: Iusnaturalism, Krausism, Politics, Francisco Giner de los Ríos, Philosophy of Law

International Journal of Interdisciplinary Social Sciences, Volume 5, Issue 5, pp.153-162. Article: Print (Spiral Bound). Article: Electronic (PDF File; 618.797KB).

Dr. Delia Manzanero

Personal Docente Investigador en Formación, Universidad Pontificia Comillas de Madrid, Oxford, Spain

She obtained a BA degree in Philosophy (2002-2006) at the Universidad Autónoma de Madrid, followed by a Master’s degree in Spanish and Latin American thought (2009-2010). She is currently attending a Master entitled “Philosophy of History: Democracy and world order” (2009-2011) while also carrying out research on her PhD thesis (expected completion 2011). Her thesis as a grant holder in the Subprograma de Ayudas para la Formación de Personal Investigador (BES-2007-16064) belongs to the Universidad Pontificia Comillas in Madrid and is sponsored by the Ministry of Science and Innovation. The Research Project is entitled “Filosofía del derecho y Sociología en los escritos de Francisco Giner de los Ríos y Joaquín Costa” (Research Project I+D+i reference: HUM2006-01448, 2006-2009) and is directed by José Manuel Vázquez-Romero. Delia Manzanero is currently a PhD student at the Spanish Autonomous University of Madrid and an Academic Visitor in the Faculty of Law at Oxford University (March-September 2010), where she is carrying out research on the philosophy of law, constitutionalism and international human rights law. She was an FPI Scholarship holder at New York University, where she did research and took the Philosophy of Law course in 2009. She also spent a period of five months at the Universidad Nacional Autónoma de México. Delia is currently President of the BAJO PALABRA Association and is also Director of its philosophical review magazine. The Bajo Palabra. Philosophical Journal is promoted by the Universidad Autónoma de Madrid (http://www.bajopalabra.es) She is co-founder of Red de Jóvenes Investigadores en Filosofía, a networking of Reasearchers to establish a social community in Humanities and Social Sciences: (http://www.redjif.org) and has directed the Virtual Seminar of Philosophy: (http://www.seminariovirtual.es)

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