English: discursive essay topics
Possible discursive essay topic
Except in works destined for restricted scholarly circles, the use of footnotes has been declining in recent years. When scholars write for the general public, or even for the educated portion of the public, they are accustomed to omit all scholarly apparatus. Their reputation is the presumed guaranty of their undocumented statements and of the authenticity of what quotations they do make. Thus the German original of the present translation is entirely devoid of footnotes. However, the provenance of the scattered quotations is almost always indicated by the respective author’s name in parentheses, and the relatively few specific references to passages in such works (especially in the case of St. Thomas Aquinas) are similarly inserted in the text.
discursive essay topics junk food essay in english
For the natural law tradition, what stands prior to the declaration of the will is not a set of contingent facts that a lawgiver would be prudent to bear in mind; rather, positive law presupposes obligations that arise independent of any decree or application of force by a human legislator. The social and legal world does not consist of mere facts organized and moved around by acts of force, but of principles of obligation, discovered by experience and reason. As Rommen points out, natural law is opposed to positivism, not to the positive law. The art of positive law is a creative extension of the order of justice discovered by the intellect. The positive law neither creates all obligations from scratch nor deduces every new term of obligation from the natural law. Thus Rommen insists that the positive law cannot be well understood either by positivism or by rationalism. The former, he explains, requires human law to arbitrarily construct all norms of justice; the latter leaves to human law no creativity or novelty. Rommen writes: