The Role of Natural Law after World War II (Case of Nuremberg Trial)

• Author: Irisi Topalli
• Position: PhD(c), Professional Academy of Business, Tirana, Albania
• Pages: 87-97

JURIDICA

87

Articles

The Role of Natural Law after

World War II (Case of Nuremberg Trial)

Irisi TOPALLI1

Abstract: Natural law is a set of inherent rights, based on t he nature and existence o f every man.

Everyone has equal natural rights (such the right to live and physical inviolability or personal

freedom) irrespective of gender and his age, his position in society, time, place and order the state in

wich he lives. Such as natural law is one universal right, applicable to all men and all times. Natural

rights are pre and on- state, and therefore inalienable right of “permanent”. They differ from law and

other legal norms, historically variable, set by the state (positive law). In this study we will be to stop

the influence of natural law after World War II, since this is the period in which it had a great

influence, especially in regard to the doctrine of international law and human rights. Focus of the

study will also be its role in postwar national courts and especially the case of International Court of

Nuremberg.

Keywords: moral; right; natural law; positive right

1. Introduction

Philosophical thought of natural law is found since the most primitive stages of

social development until today, represented by the theory of natural law. A crucial

element of this theory is its dualistic character, which means that its

representatives, unlike most of the positivists, acknowledge the existence of both

rights and placing them in a hierarchical order, determine that the positive rights

should be conformity with natural law. Consequently positive system that does not

coincide with that right, does not bind legal force. Also positive law must have the

function to liability orders made effective through this right (Troper, 2003, p.10).

1 PhD(c), Professional Academy of Business, Tirana, Albania. Address: Komuna e Parisit Street,

Albania. Tel.: +355673143164. Corresponding author: iris_topalli@hotmail.com.

AUDJ, vol. 11, no. 1/2015, pp. 87-97