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3 Ateneo L.J. 1 (1953-1954)

handle is hein.journals/ateno3 and id is 1 raw text is: 


JULY-AUGUST


    ATENEO LAW JOURNAL




 THE   MOVEMENT TOWARD THE NATURAL
 LAW   JURISPRUDENCE

 by PACIFICO  A.  ORTIZ, S.J.



    In the January-February 1953 issue of the Ateneo Law
 Journal we wrote an article on the nature of the natural
 law according to the sound Scholastic tradition of St. Tho-
 mas. It is the purpose of this article to show that that
 tradition, which suffered an almost total eclipse outside
 the Catholic world of thought in the last half of the 19th
 .century and well into the 20th century, is experiencing
 once more in the world of jurisprudence what Rommen.
 calls an 'eternal return', 'die ewige wiederkehr des Na-
 turrechts'.
    Writing for the Notre Dame   Lawyer,  the world-re-
nowned  American  jurist, Roscoe Pound, said: Something
like a resurrection of natural law is going on the world
over . . . philosophical jurisprudence which was all but
extinct fifty years ago has revived and taken the lead in
the present century.'
    World War   II and the mounting ideological tensions
of the last ten years have served to strengthen this view.
Modern  man  is becoming more strongly convinced that if
law is to safeguacdhuman freedem and foster world peace,
it must be founded  not on force_ buton--reasg; that it
must  derive its validity not from theteer_-wi4l of the
majority or from the so-called absolute- wereignty.othe
State, 'but-froffi the fact tha4it   .mbodies in a--practical
   1Roscoe Pound, The Revival of the Natural Law, 17 Notre Dame
Lawyer 287 (1942).
                                                     1


Digitized from Best Copy Available


VOLUME   III


NUMBER 1

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