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    The Natural Law Theory

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    JJ Cool
    Natural law theory holds that there are fundamental principles of practical rationality that govern human conduct. Positive laws are just and binding only if they are consistent with natural law, which is ordered toward the common good. Natural law participates in the eternal law of God's plan for creation. It provides rules that humans must follow to live good and flourishing lives. Legal systems have a function of securing justice; unjust laws that conflict with natural or divine law are not true laws but perversions of law.

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    The Natural Law Theory

    Uploaded by

    JJ Cool
    367 views2 pages
    Natural law theory holds that there are fundamental principles of practical rationality that govern human conduct. Positive laws are just and binding only if they are consistent with natural law, which is ordered toward the common good. Natural law participates in the eternal law of God's plan for creation. It provides rules that humans must follow to live good and flourishing lives. Legal systems have a function of securing justice; unjust laws that conflict with natural or divine law are not true laws but perversions of law.

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    Natural law theory holds that there are fundamental principles of practical rationality that govern human conduct. Positive laws are just and binding only if they are consistent with natural law, which is ordered toward the common good. Natural law participates in the eternal law of God's plan for creation. It provides rules that humans must follow to live good and flourishing lives. Legal systems have a function of securing justice; unjust laws that conflict with natural or divine law are not true laws but perversions of law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    367 views2 pages

    The Natural Law Theory

    Uploaded by

    JJ Cool
    Natural law theory holds that there are fundamental principles of practical rationality that govern human conduct. Positive laws are just and binding only if they are consistent with natural law, which is ordered toward the common good. Natural law participates in the eternal law of God's plan for creation. It provides rules that humans must follow to live good and flourishing lives. Legal systems have a function of securing justice; unjust laws that conflict with natural or divine law are not true laws but perversions of law.

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    THE NATURAL LAW THEORY

    A. Natural Law Theory: Meaning


    Natural Law
    According to St Thomas Aquinas, Law is an ordinance of reason for the common
    good, issued by one who has care of the community, and promulgated. And
    necessarily, law is a rational standard for conduct. In which it has some features
    consisting of fundamental principles of practical rationality, which govern all human
    conduct, individual and collective. Such, positive laws are just and have the power in
    binding in conscience.
    Law is a sort of rule and measure of acts, according to which one is induced to
    act or restrained from acting, for lex (law) is said to be from ligare (to bind) because
    obligat (it binds one to act). But the rule and measure of human act is reason. This law
    is consistent with natural law, that is, it is ordered to the common good. Only one who
    is charge of the community can render an authoritative ruling on what to be done,
    thereby setting the standard that members of the group must follow. (ST lallae 90,3)
    Thus, law must be promulgated because rational beings cannot act on a rational
    standard as such unless they have means to become aware of the existence of the
    standard, its status is authoritative and its content, and the promulgation of the rule
    provides for this awareness(ST lallae 90,4).
    Essential elements of law are explained through the master thesis that law is a
    rational standard for conduct.(Finnis,1996:205)
    Kinds of Natural Law
    1. Human Law- an ordinance of reason for the common good promulgated by him who
    has care to the community.
    2. Eternal Law- Gods plan to all creation.
    3. Natural Law- the part of eternal law that applies human beings it is Gods plan for us.
    4. Divine law- part of eternal law that God reveals to us human beings via scripture. If
    something against natural law, then it is against divine law too.
    Natural law theory of morality
    1. Even things which are not man made have purposes or functions and the good for
    anything is the realization of its purpose or function.
    2. Natural law is the set of truths about morality and justice they are rules that we must
    follow in order to lead a good flourishing life.

    Natural theory of law


    1. Legal systems have a function to secure justice; grossly unjust laws are not really
    laws at all, but a perversion of law or mere violence. Aquinas way of stating this point
    positive, positive law has its purpose the common good of the community. Any positive
    law which conflicts is inconsistent with either natural law or divine law is not really law at
    all, hence there is no legal moral obligation to obey it.
    Natural law is a participation in the eternal law. The eternal law is an aspect of
    divine providence and the natural law is a participation in the eternal law. The eternal
    law is that rational plan by which all creation is ordered. The natural law is the way that
    human beings participate in the eternal law.
    Natural law theories understand law as a remedy against the great evils of, that
    in this context, natural is predicted of something (say a law, or virtue) only when and
    because that of which it is predicted is in line with reason, practical reason, or practical
    reasons requirement. (Finnis 1980)

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