Society of Man: Natural and Positive Law
Running head: SOCIETY OF MAN: NATURAL AND POSITIVE LAW
Society of Man: Natural and Positive Law
Scott Thomason
University of Phoenix
Society of Man: Natural and Positive Law
As people live together in organized groups, a sense of order is needed to allow the group to continue and grow. The ability for the society to establish order, a need for a solid foundation is required. The development for the formation of laws was the necessary material for such a foundation. Societies looked upon their surroundings and to nature (natural law) to formulate an early beginning, as societies evolved so did crime and laws (positive law). The uses of natural and legal laws make up a solid foundation of order in an organized society. Each style brings a unique similarity and contrasting interpretation on the understanding of organized law.
Natural law is a recognition of bad behaviors seemly wrong within themselves. What does that mean? A definition is needed. "Natural law is a concept of a body of moral principles that is common to all humankind and, as generally posited, is recognizable by human reason alone"(Dolhenty, 1998-1999, p.2). Simply, the unwritten law, law of reason which anyone and everyone in a society are affected by equally. A law which is not made by fallible humans, which is based on reality, and a rationally guide for righteousness and personal integrity. This theory of natural law (natural rights) was the cornerstone for the revolutions of both the American and French people of the late 18th century. As societies grow and become more civilized, a sense of order becomes more important among its population. The populous needing order; appoints its own members to government position to develop laws (positive laws) for the society as a whole. This is a shift toward a sense of stricter laws made by fallible humans compared to the laws of nature. Positive law brings a sense of civilized demeanor, by writing and publishing the laws for the society
Society of Man: Natural and Positive Law
Scott Thomason
University of Phoenix
Society of Man: Natural and Positive Law
As people live together in organized groups, a sense of order is needed to allow the group to continue and grow. The ability for the society to establish order, a need for a solid foundation is required. The development for the formation of laws was the necessary material for such a foundation. Societies looked upon their surroundings and to nature (natural law) to formulate an early beginning, as societies evolved so did crime and laws (positive law). The uses of natural and legal laws make up a solid foundation of order in an organized society. Each style brings a unique similarity and contrasting interpretation on the understanding of organized law.
Natural law is a recognition of bad behaviors seemly wrong within themselves. What does that mean? A definition is needed. "Natural law is a concept of a body of moral principles that is common to all humankind and, as generally posited, is recognizable by human reason alone"(Dolhenty, 1998-1999, p.2). Simply, the unwritten law, law of reason which anyone and everyone in a society are affected by equally. A law which is not made by fallible humans, which is based on reality, and a rationally guide for righteousness and personal integrity. This theory of natural law (natural rights) was the cornerstone for the revolutions of both the American and French people of the late 18th century. As societies grow and become more civilized, a sense of order becomes more important among its population. The populous needing order; appoints its own members to government position to develop laws (positive laws) for the society as a whole. This is a shift toward a sense of stricter laws made by fallible humans compared to the laws of nature. Positive law brings a sense of civilized demeanor, by writing and publishing the laws for the society
References: Dolhenty, J. (1998-1999, 1998-1999). An Overview of Natural law Theory. Retrieved July 22, 2007, from http://www.radicalacademy.com/philnaturallaw.htm Federal Bureau of Investigation (2007, 2007). Offense Report. Retrieved July 26, 2007, from http://www.fbi.gov/ucr/cius_02/html/web/offreported/offreported.html Robinson, M. B. (2005). Justice Blind?: Ideals and Realities of American Criminal Justice (2nd ed.). : Prentice Hall. Schmalleger, F. (2004). Criminology Today (3rd ed.). United States of America: Person Education .