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Bilog, Teril Bonifacio, Alpha Bituin, Remy Rose
What are laws?
± PREFERED PRACTICES that are articulated as rules designed to influence behavior ± rules of behavior encouraged through coercive force or the threat thereof ± Enforces a certain morality
What are the purposes of law? Protect society Enforce a certain morality .
however there are sources that can be drawn upon via which we can formulate certain rules/regulations that are going to guide our collective behavior. Law is not regarded as separate from morality.Who decides what is moral? Government? ± When you allow the government to regulate morality. what you are doing is to allow a certain group of people to impose their morality on others Natural Law Theory: Theorists determine the validity of a law with reference to a moral authority that exists beyond the law itself. but is subordinate to that morality. . It may be difficult to determine what our fundamental moral principles are.
traditions and experiences that have evolved throughout history 2. Religious or Divine Natural Law ± ± ± ± ± ± ± Holy books Contain a certain Code Code contains a particular morality Based on human ration/understanding Ex: equality Based on history Well-established but unwritten customs. Historical Natural Law .Sources 1. Intellectual or Secular Natural Law 3.
Premise: Laws must emanate from eternal law the will of God: common good Eternal Law Divine Law Natural Law c Human Law .Divine Natural Law Law must be made to conform to the commands they believe were laid down or inspired by God. and justice. truth. or some other deity. who governs according to principles of compassion.
when it appears to human beings as divine commands. especially through revelation..e.Divine Natural Law Eternal Law ± identical to the mind of God as seen by God himself ± Will of God ± All three subsequent laws depend upon this Eternal Law Divine Law ± Divine law is derived from eternal law as it appears historically to humans. ± Concretizes eternal law ± Ex: Ten Commandments. i. teachings of Jesus Divine Law .
Divine Natural Law Natural Law ± That which human beings determine according to their own nature ± Humans are capable of knowing eternal law not only through revelation but also by discovering it through reason ± Human participation in eternal law ± general Human Law ± Concrete ± Comes from the general ideas of natural law ± Should not deviate from natural law ± Ex: Natural law: human life should be preserved protected Human law: traffic regulations for safety on the road. Natural Law c Human Law .
Authoritative Religious Writings Scriptures Church doctrines Papal decrees Decisions of ecclesiastical courts and council .
Sources of Divine Natural Law The 10 Commandments The Bible and Torah Canon Law (ecclesiastical court) .
particularly human nature.Secular Natural Law Secular natural law replaces the divine laws of God with the physical. and behavioral laws of nature as understood by human reason Uniform and fixed rules of nature. biological. to identify moral and ethical norms .
. The source of this duty. even in the state of nature. by the simple virtue of being human. is natural law.Secular Natural Law Men in the state of nature are free and equal. (John Locke) Individuals have a duty to respect the rights of others. The higher power that dictates what is moral or immoral is the concept that all humans. My right to swing my fist ends where your nose begins. have certain unalienable rights. he says. and at liberty to do as they wish but only within the bounds of the law of nature.
religion or community application. traditions.Historical Natural Law Law must be made to conform with the wellestablished. customs. by which a body of rules of human behavior is transmitted by oral tradition and effectively respected Holding history/past precedents with high regard Tested through time and usage Basis for determining morality . and experiences that have evolved over the course of history Oral laws a code of conduct in use in a given culture. but unwritten.
Naturalists Aristotle Cicero St. Thomas Aquinas Lactantius .
this order is good Action Goal (good) Nichomacheon Ethics natural justice is not the same as what is just by law (universal justice vs. justice defined by the State) .Aristotle Aristotle affirmed the existence of a law of nature. father of natural law there is a natural order to the human world.
implanted in Nature. Unchanging over time and does not differ in different societies Every person has access to the standard of this higher law by use of reason Only just laws really deserve the name law . there infers the idea and principle of choosing what is just and true. . which commands what out to be and forbids the opposite.Cicero Described law as the highest reason. In definition of the term law.
Murder (unjustified killing) is always wrong 2. All living things have a natural desire to live Good: life Bad: everything that takes life away. Thomas Aquinas Four types of law: eternal. divine. Primary characteristics/desires of humans (5) 1. natural and human God created nothing but good.St. therefore what God wants is good. All life likes to be produced Good: reproduction Bad: contraception and same sex partnerships .
compromise or destroy human relations 4. People are curious and like to know things Good: knowledge Bad: acts that prevent people from knowing things.St. Thomas Aquinas 3. People are social beings Good: institutions (like family) Bad: acts that prevent. Lying is bad (prevents true knowledge) 5. People are inclined to abide by a religion Good: celebrating religion Bad: acts that prohibit people .
Lactantius The Divine Institutions Christian Cicero Christianity constitutes natural law Natural law was divine in origin. (counterchecking the laws of nature with the laws of God) . but discoverable by human understanding Association of the law of nature with the law of God upon which they relied for their distinctive ethical beliefs.
but it does not follow that sex ought or ought not to be engaged in only for that purpose. share human nature with certain natural properties. . values are another . Ex: ± ± ± ± heterosexuality is said to be innate within humans Scientific evidence of a gay gene Indication: that humans will not always be innately heterosexual.Criticism Concept of a fixed human nature Natural law has with it the theory that there is one fixed. Facts are one thing. It may be that sex does produce babies.
± It fails to take into account that certain negative traits may also be part of human nature. Anything in contravention to good goes against human nature. . Too optimistic ± Assumption: innately good and are inclined to do good.
This example serves to highlight the suggestion that perhaps what is natural differs depending upon circumstances. . ± Ex: Aquinas: Homosexuality is unnatural (does not lead to procreation) But perhaps for those involved they find love and purpose in life through expression of their sexuality. Complexity of a natural law ± There is also the possibility that a natural law does exist. but it is more complex than Aquinas believed.
± Ex: Primary purpose of sex: procreation or enhance relationships? . Finding the Primary Purpose ± It is difficult to work out the primary purpose of everything.
Focuses too much on the action and not on the consequence ± What is more important: actions or consequences? ± Ex: A man with an axe asked you where your friend is .
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