Rosmini’s Legal Philosophical Ideas on Human Nature and Cosmological Principles: An application to South African and American Judicature on Human Rights

Nico P. Swartz

Abstract


Rosmini distinguishes between the terms philosophy and metaphysics. He employed the latter in the limited sense of science of the real, which, according to him, includes the metaphysical concepts such as cosmology, ontology and natural theology.  These metaphysical concepts are vague to simple man. They could only make sense, if these concepts, especially cosmology, could be applied to mankind and his natural habitat, the civil or human society (the state).  His philosophical ideas and cosmological principles exalt mankind, so that the latter forms the fulcrum of this research. Man, being a divine entity, because of his immortal soul innated by God, is endowed with human dignity that must not be encroachment upon by all, even the state. This notion of Rosmini will be test practically against case law of the South African judicature as well as the 8th and 14 Amendment of the Constitution of the United States of America.    

Full Text: PDF DOI: 10.5539/jpl.v5n2p10

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Journal of Politics and Law ISSN 1913-9047 (Print) ISSN 1913-9055 (Online)

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