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5:30-8:30 WEDNESDAY S523

A Reaction Paper on Nature of Law
State is composed of people with different instinct and
social orientation. The diversity created by belief creates
indifferences among people. Thus the establishment of law
comes natural to introduce order. Natural law born naturally
due to need or natural law is created thru promulgation by
law makers. A natural right is synonymous to natural law as
what the later protects. Almost every mention of natural
rights unfortunately requires careful and subtle qualification
or caution to protect this very notion from being taken to
mean just the opposite of what it appears to affirm.
Discussing the natural law, perhaps the greatest
problem lies in fact that it is an intellectual exercise trying to
discern what one it to do, in other words, we try to establish
natural law for the sake of deliberation. But nature does not
need to deliberate in order to act, the will, in its pure form,
acts according to its good desires, but because of the fall,
our mode of willing is unnatural, and we desire what we
should not. Therefore, we must deliberative to discern if our
desire is right or wrong. In other words, even discussing
morality and ethical standards shows we are interacting with
a sub-natural realm of discourse. And this shows it is
something less than the good, even before in becomes rigid
and closed in on it-self.
Natural law discussion by this fact must not confuse
with the natural law itself. If it were really natural, we would
not have to discern what is contained in it, but would know it
without such discernment. Indeed, if our mode of willing
were natural, we would will what is good without having any
moral question as to what we should do; we would just act
and it would be good.

Law, as far as it is necessary in the perfect state, is just

law. It is not merely convention, the sole result of temporary
expedience and compromise. The just law of the perfect
state flows from the principle of reason by the process of
logic and is therefore open to speculative mind. By its very
nature, the just law owes its validity to the authority of
reason and not to the fact that it is expressed as the
command of a sovereign power. The tension between will
and reason, law and justice, authority and liberty, which
constantly threatens the equilibrium of the second-best
state, is, therefore resolved in the harmony of the perfect
Thus, as life is to be preserved as a good for all living
things, so certain goods which pertain to human nature in
particular are also to be preserved and protected, the ability
to freely worship God, the opportunity to develop ones
rational capacities through education. So also, there are
certain goods which humans should pursue as rational
natures, not only in isolation and for the sake of each
individual, but there are also social goods to be pursued, as
civil peace and national defense. All of these goods, life,
religion, education and national interest, pertain to the
common good, but the fact that they pertain is determined
by the Natural Law.