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NATURAL LAW

NATURAL LAW. The Ancient Greeks. NATURAL LAW. The theory that human laws are derived from eternal and unchangeable (divine) principles that regulate the natural world and that people can become aware of these laws through the use of reason.

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NATURAL LAW

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  1. NATURAL LAW The Ancient Greeks

  2. NATURAL LAW • The theory that human laws are derived from eternal and unchangeable (divine) principles that regulate the natural world and that people can become aware of these laws through the use of reason. • Natural law is the law of nature – the idea that some things are as they are, because that is how they are. The law of gravity, for example, is a natural law in this sense. • Natural law is never the creation of human societies or governments.

  3. NATURAL LAW • Human beings, as part of nature, live according to these laws, both as individuals and as members of society. • There is a moral imperative in the law, and it must guide people to live the “good” life. • The closer that human laws mirror the natural law, the better society will function. • All human laws are to be judged on their conformity to natural laws. An unjust law is in a sense no law at all, and some natural law theorists believe that any injustice will be rectified by the “higher powers”.

  4. SOCRATES • Dialectic - through the process of dialectic, man enters the eternal search for truth • Dialectic is a process of reason • 'The Apology” creates a moral imperative to law, the idea that you must disobey any laws which contradict natural law. • Socrates did not feel he was breaking the law, rather he was fulfilling it by making individual people better (through the process of dialectic and reason.

  5. PLATO • A student of Socrates • People are social by nature and society is a natural institution • Society, or the state, does not exist for economic reasons alone but to help people develop the 'good life’ • The good life, is a life that is led according to eternal laws and the principles of justice • Natural law applies to both the individual and the state. A human being achieves justice through reason and the state achieves justice through law • Justice exists when all the powers of an individual or society work together for the good of the whole • Plato felt that education was the key - if people knew what was good they would do good

  6. ARISTOTLE • A student of Plato • Like Plato he believed humans are social animals like bees or ants • What separates humans from animals is the ability to reason - to tell the difference between good and bad, just and unjust • Felt there were 3 classes of people, that not everybody could be educated to do good • Some people are born good • Some people can be made good through education • The majority of people are ruled by their passions and education alone cannot make them good, only laws can do that. Only through the fear of punishment can people be persuaded to follow reason and avoid evil. • Law has a moral purpose - that purpose is to help citizens use their faculty of reason to live the good life

  7. ST. THOMAS AQUINAS • Lived in the Middle Ages - a period when Greek thought was being rediscovered • He identified four kinds of law • Eternal Law - Body of laws by which God created, and runs, the universe. It exists outside of time and can never be truly understood by humans. • Natural Law - Eternal laws that are known by humans. We understand natural law through the process of reason. Example: people should care for children, preserve your own life, care for the sick, etc. • Divine Positive Law - Eternal Law that has been revealed through the scriptures. Examples are the Ten Commandments and the Old Testament. • Human Positive Law - Laws human beings have made for the proper functioning of society. Example: what constitutes murder, traffic laws, trade laws.

  8. ST. THOMAS AQUINAS • Aquinas agreed we are social creatures, but disagreed that the state was the ultimate instrument for bringing about our greatest potential • Instead, Aquinas believed the Roman Catholic Church was the ultimate instrument in helping humans lead the good life. • The state, at least in spiritual matters, has to be subordinate to the church • People are under no moral obligation to obey laws which conflict with divine laws • All laws must contain the following elements: • Must be a product of human reason. • Must be made for the common good. • Made by the ruler, who must have the care of the community at heart. • Must be promulgated, or published, so it is known to everyone. • Laws that fulfill these requirements are just.

  9. HOMEWORK • Read the Case: “The Trial of Socrates” on page 70-71 of your text. • Complete questions 1-4 on page 72.

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