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Chapter 1 – Heritage of Law

Chapter 1 – Heritage of Law. Natural Law. Agenda. 1. Natural Law 2. Roncarelli v. Duplessis. Learning Goal for Today. By the end of the lesson, students will be able to explain the main philosophers of natural law. Expectations.

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Chapter 1 – Heritage of Law

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  1. Chapter 1 – Heritage of Law Natural Law

  2. Agenda • 1. Natural Law • 2. Roncarelli v. Duplessis

  3. Learning Goal for Today • By the end of the lesson, students will be able to explain the main philosophers of natural law

  4. Expectations • Analyse the views of historical and contemporary philosophers of law • CGE4c – responds to, manages and constructively influences change in a discerning manner • CGe7d – promotes the sacredness of life

  5. Aristotle and Rationalism(384-322 BCE) a student of Plato at the Academy in 4th century Athens Believed that: what sets humans apart from other species is our ability to reason which allows us to tell the difference between good and bad, the just and unjust Reason is the spark of the divine in human beings

  6. Plato and Aristotle

  7. Concept of Rationalism • Is the process of using reason to analyze the natural world through observation.

  8. Plato believed • anyone who really knew what good was would do good.

  9. Aristotle disagreed • he believed there were three classes of people 1. Some are born good 2. Some can be made good through education 3. Majority of people are ruled by their passions and education alone will not make them good. Only law can make people behave well.

  10. According to Aristotle “Law, which regulates human life in the state, has this as its highest purpose-to help citizens use their faculty of reason to reach their greatest potential and by doing so to live a good life.”

  11. Cicero (106-43 BCE)Limits of Civil Law leading politician, lawyer and legal philosopher

  12. Romans believed • That the ideal law was rooted in a divine source

  13. According to Cicero: “Law is a natural force; it is the mind and reason of the intelligent man by which justice and injustice are measured.”

  14. Natural laws • They are universal and unchanging. • This idea gave the Romans a higher law, presumed both a moral and legal superiority.

  15. Cicero advocated Civil or human laws should be set aside or disobeyed if, in the minds of the “wise and intelligent man”; laws were deemed to be in conflict with those of nature.

  16. Civil disobedience: • Could be used to compel lawmakers and government leaders to reform laws that failed to conform to the laws of nature.

  17. Cicero • Nature was best represented by those activities that were for the common good and had some general degree of application to all citizens.

  18. St. Augustine (354-430 CE) “Ideal justice can be achieved only when the “City of God” comes on earth, meaning when God came back to earth and Christian justice reigned supreme.”

  19. St. Thomas Aquinas(1225-1274) “Law is chiefly ordained to the common good,” and that the intention of the law-maker should be to “lead men to virtue.”

  20. Aquinas claimed • Natural science and rationalism were consistent with Christian truths • Church-made, or canon law was to rule over all civil, or human-made laws

  21. Aquinas • Law must mirror a natural world order made known to humans by their own process of reasoning and by the divine revelation of Christian prophets

  22. Aquinas • Necessary connection between law and reason; reason invested law with its very legitimacy

  23. Practical reason: • tells one what ought to be done • directs humans to do good and avoid evil

  24. Identified four kinds of law • Eternal law: is the body of laws by which God created the universe and keeps it in operation. • Exists outside time and will never change

  25. Eternal Law • Impossible for humans to have a perfect knowledge of eternal law because it is impossible for us to understand the mind of God

  26. Natural Law • Is the eternal law as it operates in humans and can be known by us. • We know this law through our faculty of reason and can see its workings in the natural world around us

  27. Divine positive law: • Is that part of the eternal law that has been revealed in the scriptures • Includes: Ten Commandments • Sermon on the Mount

  28. Human positive law: • Consists of laws that human beings have made for the proper functioning of society and the state. Example: thus shall not kill, but written law against murder in which the act is defined and penalties are set out

  29. Rules of Natural Law • The validity of a law is dependent upon its moral content, or justness

  30. Aquinas order • Preserve life • To reproduce • To educate offspring • To know the truth about God • To live in society • To shun ignorance • To avoid offending others

  31. Aquinas Humans are created for a spiritual purpose; to live in such a way that they will be united with God after death.

  32. According to Aquinas, • Natural law may be altered if the change is the adding of laws that would benefit human life. • People are under no moral obligation to obey any laws that conflict with divine laws.

  33. Homework • Hwk read Roncarelli v. Duplessis [1959] SCR 121 on p.89 & do ?’s #1-4, p.90

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