Purpose of Law

Only available on StudyMode
  • Download(s) : 412
  • Published : April 1, 2011
Open Document
Text Preview
Natural law or the law of nature (Latin lex naturalis) is law whose content derives naturally from human nature or physical nature, and therefore has universal validity. In natural law jurisprudence, the content of man-made positive law is related to natural law, and gets its authority at least in part from its conformity to objective moral standards. Natural law theory attempts to define a “higher law” on the foundation of a universal understanding that certain choices in human life are good or evil, or that certain human actions are right or wrong.Natural law theory’ is a label that has been applied to theories of ethics, theories of politics, theories of civil law, and theories of religious morality though aristotle is often referred to as “the father of natural law,”[1] this appellation is debatable and arises primarily from the interpretations of thomas aquinas. the stoics asserted that the universe existed according to a rational and purposeful order (a divine or eternal law), and that the means by which a rational being lived in accordance with this order was the natural law, which dictated actions that accorded with virtue. some of the early church fathers sought to incorporate this concept of natural law into christianity. thomas hobbes defined natural law as the way in which a rational human being, seeking to survive and prosper in society, would act. natural law theories influenced the development of english common law.

DEFINTION OF POSTITIVE LAW:
STATUTORY MAN-MADE LAW, AS COMPARED TO "NATURAL LAW," WHICH IS PURPORTEDLY BASED ON UNIVERSALLY ACCEPTED MORAL PRINCIPLES, "GOD'S LAW," AND/OR DERIVED FROM NATURE AND REASON. THE TERM "POSITIVE LAW" WAS FIRST USED BY THOMAS HOBBES IN LEVIATHAN

ARISTOTLES PERSPECTIVE ON LAW IN DETAIL:

Aristotle (b. 384 – d. 322 BCE), was a Greek philosopher, logician, and scientist. Along with his teacher Plato, Aristotle is generally regarded as one of the most influential ancient thinkers in a number of...
tracking img