LAW & SOCIETY - ASSIGNMENT ONE (1)
Name: Kavina Raja
MC Number: mc1406fc6814
Mr Ahmad Imran Bin Kamaruzaman
Group members: Kavina Raja (mc1406fc6814)
Pamella Rajenthran (mc1406fc6812)
Natural law is a philosophy of law that is determined by nature and universal. Classically, natural law refers to the use of reason to analyse human nature both social and personal and deduce binding rules of moral behaviour from it. The term “natural law: is an ambiguous. It refers to a type of moral theory, as well as to a type of legal theory, but the core claims of the two kinds of theory are logically independent. It does not refer to the laws of nature, the laws that science aims to describe. According to natural law moral theory, the moral standards that govern human behaviour are, in some sense, objectively derived from the nature of human beings and the nature of the world. While being logically independent of natural law legal theory, the two theories intersect. However, the majority of the article will focus on natural law legal theory.
According to natural law legal theory, the authority of legal standards necessarily derives, at least in part, from considerations having to do with the moral merit of those standards. There are a number of different kinds of natural law legal theories, differing from each other with respect to the role those morality plays in determining the authority of legal norms. The conceptual jurisprudence of John Austin provides a set of necessary and sufficient conditions for the existence of law that distinguishes law from non-law in every possible world. Classical natural law theory such as the theory of Thomas Aquinas focuses on the overlap between natural law moral and legal theories. Similarly, the neo-naturalism of John Finnis is a development of classical natural law theory. In contrast, the procedural naturalism of Lon L. Fuller is a rejection of the conceptual naturalist idea that there are necessary substantive moral constraints on the content of law. Lastly, Ronald Dworkin’s theory is a response and critique of legal positivism. All of these theories subscribe to one or more basic tenets of natural law legal theory and are important to its development and influence.
Positivist law stresses more on human observations rather than reasoning. Positive law can be defined as an example as an examination of the nature of law in terms of its operations in real legal cases. Positive law is a reaction against particularly that aspect of natural law. It insists on a distinction between human law, which they call positive law as moral and scientific laws. Human laws are posits of human society while scientific laws are independent of what we take them to be.
There are three main elements embodied in this law, which are the Commands of a superior authority, Duty to obey the commands and Sanctions or penalties behind the commands. The rest of the definition of 'command' is important. Austin's analysis of a law is different from a normal command in the sense that a law must be logically general. The court makes particular judgments, but the legislation is always general in form. A direct, one-time command to an official is not law. Law is a command to "forbear a whole class of acts."
There is a further element that Austin thinks is inherent in the notion of...
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