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Revista de la Facultad de Derecho y Ciencias Políticas
Print version ISSN 0120-3886
Abstract
CONTRERAS, Sebastián. Just by nature and conventional just in Platon Regarding about the platonic refutation to the homo mensura s doctrine. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2013, vol.43, n.119, pp.503-532. ISSN 0120-3886.
In this text, the author tries to develop the issue of the distinction between natural law and positive law in the Plato's work. The thesis of this writing is that Plato's true philosophical-legal doctrine is in his rebuttal to Protagora's thesis of Homo Mensura. Despite the fact that the texts of Plato are contrary to the assertions of the sophist, they express, however, the need to recognize certain relativism in the legal system: the one that, as soon as the precepts of the natural law were protected, it shall exist in the various societies, due to their geographical, cultural, historical, etc.., differences. This means, in short, that for Plato the legal phenomenon is a circumstantial reality.
Keywords : Plato; Protagoras; natural law; positive law; classical iusnaturalism.