Philosophical-conceptual analysis of the figure of neo-constitutionalism as a kind of natural law

Abstract

It is a common place in the philosophical discussions of our time, to affirm that neo-constitutionalism distinguishes itself in an important way from traditional natural law theory. The aim of this work is to vanish the theses that support this belief. It is argued, on the other hand, that neo-constitutionalism can be understood as a kind of the great family of natural law theories that have appeared throughout the history of Western legal culture. And, with respect to vetus iusnaturalism, it is shown that neo-constitutionalism is distinguished only by way of specific differences within the genus iusnaturalism.