LEGAL METHODS -

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30.08.2019
 IS LAW NECESSARY?
• Two starting points –

1. Man’s nature is intrinsically evil and social progress can

be achieved only with restraints imposed by Law.

2. Man is originally created good but due to sin, corruption

and internal weaknesses, man’s original nature is

distorted.
• Augustine asserted that law was a natural necessity to curb

man’s sinful nature that held the field for many centuries.

• Aquinas – Law as a potentially beneficent force, not merely

restraining evil impulses but also for setting one upon the

path of social harmony and welfare.

• David Hume – without law, government and coercion,

human society could not exist and so, law is a natural

necessity for man.

• In ancient China, Legists argued that ‘man’s nature was

initially evil and that the good ways in which the men acted

were due to the influence of social environment, particularly

the teaching of rituals and the restraints of penal laws.’

• In India, Shastras : ‘ Men are by nature passionate and covetous

and that if left to themselves, the world would resemble a devil’s

workshop’ , where ‘the logic of the fish’ would reign.’

 Plato in Republic
• Paints an idealist picture of a state without law, whose inner

harmony derives from human reason carried to its highest

potential of development of succession of philosopher Kings.

• Plato pins the faith upon a system of education, which will not

only produce adequate rulers but also serve to condition the

rest of the population to appropriate state of obedience.

 Elliot Smith’s Book on ‘Human
History’
• Main thesis – focus on innate goodness and peacefulness of
mankind.

• Social and political organization of civilized life introduced

seeds of violence and disorder.

• Therefore, as a consequence, there also exists systems of

legal coercion.
• Harm Principle - To protect people from being harmed by
others.

• Parental Principle – To prevent self-harm.

• Morality Principle – To promote personal morality

• Donation principle – Laws promoting goods/services of

some kind to its citizens

• Statist principles – Protecting the government itself from

harm