1 / 9

Natural Law And Legal Theories According To Greek Philosophy

Natural law is very ancient law on that famous thinker like Pluto and Aristotle gave their views. This defines that every human being has inherit rights which are given by nature.

globalassignmenthelp
Download Presentation

Natural Law And Legal Theories According To Greek Philosophy

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. LEGAL THEORY Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

  2. Table of Contents INTRODUCTION ...........................................................................................................................3 MAIN BODY...................................................................................................................................3 CONCLUSION ................................................................................................................................7 REFERENCES ................................................................................................................................8 A Sample Report on Legal Theory To Buy Complete Assignment Writing Service -: *Contact Us* Email- help@globalassignmenthelp.com Website- www.globalassignmenthelp.com Phone no- +44 203 3555 345 Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

  3. INTRODUCTION Natural law is a theory in which it is considered that every human being has some inherent rights which is given by nature and god and they are understandable by every human being as the are human reasons. Natural law was first noticed at the time of Greek philosophy and it draw a logical conclusion by binding human being from moral behaviour which are made by mankind and reality that is created by god. Natural law theory is applied in ethics, politics, religious morality and in civil theory (Craig, 2012). This theory has seen many Changes in a period of time, some things were added in it and some were eliminated from it because change is another law of nature. MAIN BODY Natural law theory is a very old theory so from time to time it has seen some changes and because of which it has many confusing meanings. It is basically a type of moral theory but also considered as legal theory, but in depth their logical interpretation is different. In old time is was considered that nature is different and law is different because law vary from country to country but nature always remain same in the world (Wright, 2016). Because of this difference law of nature is less obvious and more paradox. At that time it was noticed that natural justice can be achieved through political justice, so it was concluded by some thinkers that to make a natural law, correct political community should be chosen so they make a law that should be followed by everyone. But some thinkers were not agree with it as they thought that best way cannot be achieved by making a law. After this some theories suggest that universal law it something that is not for one day or day, it is for eternal, it does not have a birth date and it does not have any end This natural theory is completely different from science theory and should never be confused with it. This theory can be divided in some parts, one of them is theory of morality (Tarlock, 2013). Moral theory focuses on truth-value and believe in acting according to general truth which can be valid as a universal law and its main focus is on moral norms. Other part of natural theory is related to its core thinking which is nature of world and nature of human being. A rational nature of human being should be followed as a standard of moral behaviour should be maintained by every human being (Sison, and Fontrodona, 2012). Another perception of natural theory is that there is difference between notion of law and notion of morality. But there are Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

  4. some situation in which morality does not work and law have higher authority as everything cannot be decided by morality and its principals. Another view by some theorist is that in some situations morals are considered more important than law as they more common in this world if compared to law, which can be different and may change in short time period. In jurisprudent it is explained that law is not something that can be 'created' , it is something that can only be 'discovered'. The generate from a process consist of resolving conflict and gradually added in the law after their evolution. It can only be decided by moral principles but it has one big concern that nothing can be added, like in law, to it as it works through involuntary system (Rommen, 2012). According to Aquinas natural law, the general principal of nature of law states that good is to be done and bad should be avoided but the problem with this thinking is that every human being has different perception so their 'good' mat be bad for other person or other person's 'bad' may be 'good' for him. Because of complex human brain and thinking it is difficult to follow this philosophy. In paradigmatic natural law stated that natural law is given by god and it cannot be created by human being as law made by god has authority over all human being so they are in no position to make law. In this law it is considered that there is no need to teach any human being about this law as it is naturally known by all human being. It also explain that good is ahead of right and right action is an action which respond to the good. Their are many ways which are against the good and some of them can be formulated as general rule. Another thinker of paradigmatic natural law states that law of nature is divine and all human being are bound to follow them. According to him it is easy to know the basic of this law and self preservations should be considered as fundamental good. It is necessary in natural law that some things should be universally good and naturally fine but the point is that how can their be anything that can be universally good (Pojanowski, 2015). Their are several answers for this question, first is Hobbesian, in which it is stated that something is good if it is desired, wanted or liked by in some suitable situation. It can be argued that desire of one person can go against natural law theory because human has vary and too much desire. But Hobbes claim that human nature have similar desires and their purpose can be same which can build correct rationality around them. Aristotle does not agree with Hobbesian theory as he argued that good cannot be ascertained by desire as something will be good for someone if it is completing them or perfecting them (Milbank, 2012). Human being does not has everything, there are some things Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

  5. that they want and there are something that they already have, so for a human being the thing that complete them or make them is good for them. This theory is supported by Aquinas and most of the people related to natural law tradition. Another person who gave important view on this issue is Plato, he was completely disagree with subjective theory that desires are related to good and things that complete someone is good. According to him universal good is something that is related to possibility of human achievement as knowledge or beauty are good in themselves. All of these answers have some problems an d none of them is perfect. In every theory 'good' has different elements, like in Aquinas social life, knowledge and ration conduct is considered as good. According to Grisez playful activities, justice, friend, religion etc. is considered as good but in Chappell's view avoidance of pain, pleasure and achievements will be called good (Llewellyn, 2016). So it can be analysed that every theory has their own definition of good. Gradually when the time changes people understand that law and regulations are necessary as moral value depend on individual which always vary but law will be something that has to followed by every individual as it is not depend on human nature. Theories given by all thinks has some right parts and some wrong part, it cannot be said that a thinker is completely wrong as they have added something to natural law theory. In hobbesian theory, it was stated that people have same desires as they do not live in an isolated place, they have friends and families so their wants will definitely match with others in society and through combined efforts rational good can be attained (Lisska, 2012). Some part of this theory can be considered appropriate in today's era, as it is true that when a human desire get fulfilled he will consider it good but someone's good can be bad for other or may be morally incorrect as in case of terrorism they think that they are doing good but it is not good according to majority of world and morally incorrect. So this theory is not completely right and most of part is legally wrong in many countries (Koskenniemi, 2011). According to Aristotle, something that complete a human or make him perfect should be considered as good. Like of earlier theory some part of this thinking is correct as human want to become perfect, they want to learns skills that make them good and complete them but problem with this theory is no one can ever become perfect and nothing in this world can be considered as complete or perfect which means nothing is good. This theory cannot operate in current time as on the basis of this thinking no judge can ever give a correct Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

  6. decision and it does not relate to legal system that operates in this world. Other thinner who gave his opinion on this subject is Plato, he argued that possibilities of human achievement should be considered as good, because knowledge or beauty etc. are good in themselves but chasing them and achieving them ism good (Hensel, 2016). This theory is right about possibilities to attain something as hope is always considered as good but in this era it is not the only criteria and people does not consider hope as a practical concept. In this era it is not possible for a single country to accept law of nature as legal law because they have too many flaws and cannot be practised in any country. Law of nature is already very confusing and it has many shortcomings because it was made a long time ago and in recent era it has not seen much changes. Moral values and law are two completely different things in current time as law is made by a country and it equal for everyone but morals differ from person to person and they do not have any legal status. The law of nature is too general and it does not know about most of the current values and ignore legal obligation. It do not consider human nature, every human being is different but this law do not give importance to it and try to fit every individual in same bracket (Ginsburg, 2012). It has some immoral outcome in terms of business ethics and health ethics. Other significant issue with Nature law is that definition of 'nature' varies from person to person because of which meaning of morals also changes so this law has no chance to be accepted in this era as it is impractical and very confusing. In ancient time it was thought that god has made Law of nature but with time some changes have be added to it, overall still its generation is considered as unrealistic and unrealistic things do not have much space in current legal practising system. Two important thinker involve god in their theory of this law which is unacceptable in most of the countries and completely inappropriate from today's point of view. This law is not much influenced by human behaviour which depends on the environment in which human being live, environment differs from places to places and sometime completely opposite in two different countries (Finnis, 2011). So their cannot be universal law that will be appropriate for the whole world as people have different priorities, preferences and needs. Nature law talks about good but in current law system there is no good or bad, in law things are legal and illegal. This law strongly argue to accept what is present and given by nature and consider it best for human being ,may be a brain tumour, first of all this is completely unrelated to current legal system and it is not morally correct also. Aquinas kept no Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

  7. room for consequentialism, situation-ism and relativism which is considered as very significant factor in present practising law as in this world situations changes from time to time and from places to places, it varies many time and relates with each other sometime (Dyzenhaus, 2012.). Those who have made this law and added something from it has very limited understanding of this world as no one understand this universal completely, they made a law on basis of their understanding which is unacceptable in current practising law as it consider whole territory at the time of formation of law and made necessary changes whenever needed because with time and situation things changes so law should also be changed according to it. Law should always be clearly stated and necessary changes should be done in it from time to time, it should have different provision for different situations as this world is complex and single rule does not work in it. CONCLUSION From above information it can be concluded that natural law is very ancient law in which thinkers like Aristotle and Plato has given their views. This law points out as what should be considered as good and how right can be done. Some thinkers argued that this law is made by god so everyone should follow it and it must be known to everyone which is considered as impractical in this era. If first appeared in Greek philosophy and than many thinkers gave their views on it. Sometime natural law get confused with common law but they are different. This ideology focus on to live good and avoid doing bad. Some part of it is related to universal good which is difficult to find as human being has different values and preferences so one thing that is good for an individual can be bad for another. In today's legal system it is not possible to accept any principal of natural law as this law is self confused and most of its work is impractical for current law. A major part of this law is morals which do not have any legal existence in this era and it changes from places to places and from time to time. Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

  8. A Sample Report on Legal Theory To Buy Complete Assignment Writing Service -: *Contact Us* Email- help@globalassignmenthelp.com Website- www.globalassignmenthelp.com Phone no- +44 203 3555 345 RFERENCES ⚫Craig, P., 2012. Administrative law in the Anglo-American tradition. The SAGE Handbook of Public Administration, p.333. ⚫Dyzenhaus, D., 2012. Legality Without the Rule of Law? Scott Shapiro on Wicked Legal Systems. The Canadian Journal of Law and Jurisprudence 25(01), pp.183-200. ⚫Finnis, J., 2011. Natural law and natural rights. Oxford University Press. ⚫Ginsburg, T., 2012. Constitutionalism: East Asian Antecedents. Chi.-Kent L. Rev., 88, p.11. ⚫Hensel, H.M., 2016. Theocentric Natural Law and Just War Doctrine.". The Legitimate Use of Military Force: The Just War Tradition and the Customary Law of Armed Conflict, pp.5- 27. ⚫Koskenniemi, M., 2011. Empire and international law: The real Spanish contribution. University of Toronto Law Journal, 61(1), pp.1-36. ⚫Lisska, A.J., 2012. Natural Law and the Roman Catholic Tradition: The Importance of Philosophical Realism. American Journal of Economics and Sociology, 71(4), pp.745-786. Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

  9. ⚫Llewellyn, K.N., 2016. The common law tradition: Deciding appeals (Vol. 16). Quid Pro Books. ⚫Milbank, J., 2012. Against human rights: Liberty in the Western tradition. Oxford Journal of Law and Religion, 1(1), pp.203-234. ⚫Pojanowski, J.A., 2015. Redrawing the Dividing Lines Between Natural Law and Positivism (s). Va. L. Rev., 101, p.1023. Global Assignment Help is on of the most leading assignment writing service providers in UK. Students can avail online assignment help at very nominal price.

More Related