The two main theories of law are:
·
Natural
Law
·
Positive
Law
A
Natural Law Theory Of Morality
Natural law theory of morality holds that
morality is derived from universal and innate principles that govern human
behavior and decision making. These principles are considered to be objectively
and universally true, and are discovered through reason and contemplation.
According to this theory, an action is considered moral if it aligns with these
universal principles, and is considered immoral if it violates them.
Additionally, natural law theory asserts that
these moral principles are not arbitrary or culturally relative, but rather
have a transcendent and eternal basis. It also holds that these principles are
reflected in the laws and practices of society, and that laws that violate
these moral principles are unjust.
Proponents of natural law theory often draw
on the works of ancient philosophers such as Aristotle and Aquinas, as well as
more recent thinkers such as Immanuel Kant and John Finnis. They also often
view natural law as providing a basis for human rights and a framework for
ethical decision making.
Critics of natural law theory argue that it
is difficult to identify and prove the existence of universal moral principles,
and that such principles are open to interpretation and subject to cultural and
historical influences. They also argue that the emphasis on reason and
intuition in natural law can lead to moral absolutism and a disregard for the
complexities and nuances of real-world ethical dilemmas.
What's Right And Wrong
According to natural law theory, what is
considered right or wrong is determined by universal and innate moral
principles. These principles are seen as inherent in human nature and can be
discovered through reason and observation of the world.
For example, some commonly cited natural law
principles include:
Do good and avoid evil
Respect the dignity of human life
Promote the common good
Keep promises and fulfill contracts
Respect the property and rights of others.
According to this theory, actions that align
with these principles are considered right or morally good, while actions that
violate them are considered wrong or morally bad.
It is important to note that while natural
law theory asserts that these principles are universal and objective, there can
be disagreement and interpretation regarding the specific actions and
situations to which they apply.
A Natural Law Theory Of Positive Law
Natural law theory of positive law holds that
positive law (i.e., the laws made by human beings) must conform to the
universal and innate moral principles of natural law in order to be considered
just and legitimate. This theory asserts that positive law should be based on
natural law principles and should promote the common good and respect the
dignity of human life.
According to this view, positive laws that
violate natural law principles are considered unjust and illegitimate, and have
no binding authority on individuals. On the other hand, positive laws that align
with natural law principles are considered just and have a moral obligation on
individuals to obey them.
Proponents of natural law theory of positive
law argue that it provides a clear standard for evaluating the justice of laws
and helps to ensure that laws promote the common good. Critics argue that it
can lead to moral absolutism and a disregard for the complexities and nuances
of real-world legal and political issues. They also argue that it can be
difficult to determine the specific content of natural law principles and that
such principles are open to interpretation and subject to cultural and
historical influences.
Additionally, natural law theory of positive
law has played an important role in the development of legal and political
thought and has influenced the writing of constitutions and the formation of
legal systems. It has also been used as a basis for arguments against unjust
laws and for movements for legal and political reform.
ritics argue that natural law theory can lead
to the rejection of democratic processes and the rule of law, as it can suggest
that individuals have a moral obligation to disobey unjust laws. They also
argue that the focus on universal principles can overlook the importance of
cultural, historical, and contextual factors in shaping laws and legal systems.
Despite these criticisms, natural law theory
continues to be an influential approach in legal and political philosophy and
is often debated and discussed in academic and political circles. It provides a
basis for evaluating the justice of laws and raises important questions about
the relationship between positive law and morality.
What's Legal And Illegal
According to natural law theory of positive
law, what is considered legal or illegal is determined by the degree to which
it conforms to the universal and innate moral principles of natural law. This
theory holds that positive law (i.e., the laws made by human beings) must align
with these principles in order to be considered just and legitimate.
For example, a law that protects human life
and dignity, promotes the common good, and respects the rights of individuals
would be considered legal according to this theory, as it aligns with natural
law principles. On the other hand, a law that violates these principles, such
as a law that sanctions slavery or genocide, would be considered illegal and
unjust.
It is important to note that the specific
content of natural law principles and the interpretation of what constitutes a
violation of these principles can be subject to debate and disagreement.
Nevertheless, natural law theory provides a standard for evaluating the justice
of laws and highlights the importance of considering the moral implications of
positive law.