Santiago Legarre (Universidad Catolica Argentina; Notre Dame Law School) has posted Natural Law for the Twenty-First Century (Notre Dame Journal of Law, Ethics & Public Policy, Volume 40, Pp. 1-26) on SSRN. Here is the abstract:
The study of natural law, previously considered to be a “darkly conceived” and “ecclesiastical” enterprise, has been aided enormously in the past few decades by two significant works: Lon Fuller’s The Morality of Law and John Finnis’s magnum opus, Natural Law and Natural Rights. I will briefly discuss the influence which those works have exerted upon the proper understanding of natural law. This Article will be divided in three sections: the first one will delve into the differentiation of natural law from other concepts that either intersect in a way or are completely unrelated. The second will provide an overview of natural law and its characteristics. Finally, the third section will give an account of how natural law interacts with positive law, both in the enactment of legislation as well as in judicial interpretation. This part will highlight the shortcomings of “originalism” in the light of natural law theory.