The Law Record The Law Society Of Hong Kong

But merely in describing, students who sought explanations and underlying constructions slowly changed the means in which the law truly labored. Hugo Grotius, the founder of a purely rationalistic system of natural law, argued that law arises from each a social impulse—as Aristotle had indicated—and cause. Immanuel Kant believed a moral imperative requires laws “be chosen as if they should maintain as common Law newss of nature”. Jeremy Bentham and his pupil Austin, following David Hume, believed that this conflated the “is” and what “must be” downside. Bentham and Austin argued for law’s positivism; that real law is completely separate from “morality”. Kant was also criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the desire to energy, and cannot be labeled as “ethical” or “immoral”.