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The Declaration Of Independence: The Natural Law Theory

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The Declaration Of Independence: The Natural Law Theory
The natural law theory is the point at the crossing between morals and laws. It can be argued that the Declaration of Independence of 1776, which states, “life, liberty, and the pursuit of happiness,” has conveyed the natural law theory in its finest. The Declaration of Independence puts it, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator, with certain unalienable rights.” St. Thomas Aquinas interpreted natural law as the basic notion that good be done, a good that is known by proclivity, and evil be eluded. For Aquinas, the good is prior to the right. For him, whether the act is right is less important than whether the act is good (Wacks, 2012). So, natural law are the rights that so many believe are ascended unto them from their Creator. Ben’s vision of constitution does not embrace the natural law theory. It presents the …show more content…
First, by requiring that all law be written, positivism guarantees that members of society will be clearly explained their rights and obligations by the government. Citizens will not be unlawfully burdened by the governmental nuisance of an unwritten legal requirement that was previously unknown or non-existent. Second, positivism trusts that the integrity of the law is upheld through an unbiased and impartial judiciary that is not directed by subjective notions of right and wrong (“Legal Positivism,” 2011). The Annunaki’s Constitution, Article I states that the Annunaki do not have to pass laws, they are given to the humans by the Annunaki. This would leave legal positivists feeling like they Annunaki could make laws up when they please. Therefore, the humans could never truly be safe from tyranny. Article VI of the Annunaki Constitution states that punishment is eye for an eye. Legal positivists believe in an unbiased and impartial judiciary structure that is fair and just. An eye for an eye may not be the fair and just ways in all
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