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

AuthorIrisi Topalli
PositionPhD(c), Professional Academy of Business, Tirana, Albania
The Role of Natural Law after
World War II (Case of Nuremberg Trial)
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
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:
AUDJ, vol. 11, no. 1/2015, pp. 87-97

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