- Political naturalism
Political naturalism is a minor
political ideology andlegal system which believes that there is anatural law , just and obvious to all, that crosses ideologies, faiths and personal thinking, that naturally guaranties justice. It is inspired bysociological naturalism , and scientific naturalism's believe that the precision ofnatural sciences can be applied to social sciences, and hence to practical social activities like politics and law.It may be seen as a natural law-based version of
legalism /constitutionalism (especially of prescriptive constitutionalism, in the way it tries, idealistically, to make a constitution how it should justly be), and it bears relation with manyconstitutional monarchies (as in that system they too believe inrule of the law and in certain things who are naturally correct (likemonarchy , monarchicinstitutions andtraditions .The roots of this legal political ideology may be found in positive visions of natural law (like
John Locke 's andRosseau 's, and even in theFounding Fathers of the United States [ [http://en.wikisource.org/wiki/United_States_Declaration_of_Independence United States Declaration of Independence] , 1776, "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness."] . TheCatholic GermanCentre Party politician and diplomat Karl Friedrich von Savigny also thought so. [He stated that "laws are not made "but found", implying the existence of already existing natural laws.Fact|date=September 2008]Its main modern thinker is
Egyptian legal scholar and creator of theEgyptian Civil Code Al-Razzak Al-Sanhuri [ Abd Al-Razzak Al-Sanhuri, Egyptian Civil Code, Article 1, 1949, "«in the absence of any applicable legislation, the judge shall decide according to the custom and failing the custom, according to the principles of Islamic Law. In the absence of these principles," the judge shall have recourse to natural law "and the rules of equity.»" ] . Through the Egyptian Code, many other Arab constitutions (in monarchist and pre-dictatorshipsIraq andLibya and modernQatar ) ended up including political naturalist laws, and Al-Sanhuri himself wrote theSyrian andJordanian civil codes and theKuwaiti commercial code .References
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