Two Main Theories Of Law

The two main theories of law are:

·      Natural Law

·      Positive Law

A Natural Law Theory Of Morality

Natural law theory of morality holds that morality is derived from universal and innate principles that govern human behavior and decision making. These principles are considered to be objectively and universally true, and are discovered through reason and contemplation. According to this theory, an action is considered moral if it aligns with these universal principles, and is considered immoral if it violates them.

Additionally, natural law theory asserts that these moral principles are not arbitrary or culturally relative, but rather have a transcendent and eternal basis. It also holds that these principles are reflected in the laws and practices of society, and that laws that violate these moral principles are unjust.

Proponents of natural law theory often draw on the works of ancient philosophers such as Aristotle and Aquinas, as well as more recent thinkers such as Immanuel Kant and John Finnis. They also often view natural law as providing a basis for human rights and a framework for ethical decision making.

Critics of natural law theory argue that it is difficult to identify and prove the existence of universal moral principles, and that such principles are open to interpretation and subject to cultural and historical influences. They also argue that the emphasis on reason and intuition in natural law can lead to moral absolutism and a disregard for the complexities and nuances of real-world ethical dilemmas.

What's Right And Wrong

According to natural law theory, what is considered right or wrong is determined by universal and innate moral principles. These principles are seen as inherent in human nature and can be discovered through reason and observation of the world.

For example, some commonly cited natural law principles include:

Do good and avoid evil

Respect the dignity of human life

Promote the common good

Keep promises and fulfill contracts

Respect the property and rights of others.

According to this theory, actions that align with these principles are considered right or morally good, while actions that violate them are considered wrong or morally bad.

It is important to note that while natural law theory asserts that these principles are universal and objective, there can be disagreement and interpretation regarding the specific actions and situations to which they apply.

A Natural Law Theory Of Positive Law

Natural law theory of positive law holds that positive law (i.e., the laws made by human beings) must conform to the universal and innate moral principles of natural law in order to be considered just and legitimate. This theory asserts that positive law should be based on natural law principles and should promote the common good and respect the dignity of human life.

According to this view, positive laws that violate natural law principles are considered unjust and illegitimate, and have no binding authority on individuals. On the other hand, positive laws that align with natural law principles are considered just and have a moral obligation on individuals to obey them.

Proponents of natural law theory of positive law argue that it provides a clear standard for evaluating the justice of laws and helps to ensure that laws promote the common good. Critics argue that it can lead to moral absolutism and a disregard for the complexities and nuances of real-world legal and political issues. They also argue that it can be difficult to determine the specific content of natural law principles and that such principles are open to interpretation and subject to cultural and historical influences.

Additionally, natural law theory of positive law has played an important role in the development of legal and political thought and has influenced the writing of constitutions and the formation of legal systems. It has also been used as a basis for arguments against unjust laws and for movements for legal and political reform.

ritics argue that natural law theory can lead to the rejection of democratic processes and the rule of law, as it can suggest that individuals have a moral obligation to disobey unjust laws. They also argue that the focus on universal principles can overlook the importance of cultural, historical, and contextual factors in shaping laws and legal systems.

Despite these criticisms, natural law theory continues to be an influential approach in legal and political philosophy and is often debated and discussed in academic and political circles. It provides a basis for evaluating the justice of laws and raises important questions about the relationship between positive law and morality.

What's Legal And Illegal

According to natural law theory of positive law, what is considered legal or illegal is determined by the degree to which it conforms to the universal and innate moral principles of natural law. This theory holds that positive law (i.e., the laws made by human beings) must align with these principles in order to be considered just and legitimate.

For example, a law that protects human life and dignity, promotes the common good, and respects the rights of individuals would be considered legal according to this theory, as it aligns with natural law principles. On the other hand, a law that violates these principles, such as a law that sanctions slavery or genocide, would be considered illegal and unjust.

It is important to note that the specific content of natural law principles and the interpretation of what constitutes a violation of these principles can be subject to debate and disagreement. Nevertheless, natural law theory provides a standard for evaluating the justice of laws and highlights the importance of considering the moral implications of positive law.