Difference between revisions of "Course:Law3020/2014WT1/Group F/Natural Law"
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Often referred to as “higher law,” natural law is believed to stem from an external, divine source that exists independently of humans, such as God or nature. As rational creatures, humans have access to such knowledge through the use of reason. Additionally, it is believed to be static and universal since the sources that inform it are considered unchanging and widespread. | Often referred to as “higher law,” natural law is believed to stem from an external, divine source that exists independently of humans, such as God or nature. As rational creatures, humans have access to such knowledge through the use of reason. Additionally, it is believed to be static and universal since the sources that inform it are considered unchanging and widespread. | ||
| − | According to Thomas Aquinas and other theorists of natural law, morality and law are inherently linked concepts that are indivisible from each other. In this sense, natural law has a teleological purpose: the order and behavior of all individuals must be rationally and objectively directed toward the pursuit of common and moral good. This is because the common good is the morally correct end for humanity. Furthermore, any law that does not have this function is no law at all and need not be followed. | + | According to Thomas Aquinas and other theorists of natural law, morality and law are inherently linked concepts that are indivisible from each other. Therefore, a law is obeyed for reasons of justice, fairness and morality. In this sense, natural law has a teleological purpose: the order and behavior of all individuals must be rationally and objectively directed toward the pursuit of common and moral good – not for the good of the sovereign. This is because the common good is the morally correct end for humanity. Furthermore, any law that does not have this function is no law at all and need not be followed. |
Four elements of a valid law: | Four elements of a valid law: | ||
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::3. Must be made by valid lawmaker (''ruler within community, who hold this position by reason of the natural order'') | ::3. Must be made by valid lawmaker (''ruler within community, who hold this position by reason of the natural order'') | ||
::4. Must be promulgated (''public, written, proclaimed'') | ::4. Must be promulgated (''public, written, proclaimed'') | ||
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| + | === Application to A.C. v Manitoba === | ||
Revision as of 16:52, 18 February 2014
Natural Law
Often referred to as “higher law,” natural law is believed to stem from an external, divine source that exists independently of humans, such as God or nature. As rational creatures, humans have access to such knowledge through the use of reason. Additionally, it is believed to be static and universal since the sources that inform it are considered unchanging and widespread.
According to Thomas Aquinas and other theorists of natural law, morality and law are inherently linked concepts that are indivisible from each other. Therefore, a law is obeyed for reasons of justice, fairness and morality. In this sense, natural law has a teleological purpose: the order and behavior of all individuals must be rationally and objectively directed toward the pursuit of common and moral good – not for the good of the sovereign. This is because the common good is the morally correct end for humanity. Furthermore, any law that does not have this function is no law at all and need not be followed.
Four elements of a valid law:
- 1. Must be directed to the common good (objective)
- 2. Must follow practical reason (reasonable steps leading to the common good)
- 3. Must be made by valid lawmaker (ruler within community, who hold this position by reason of the natural order)
- 4. Must be promulgated (public, written, proclaimed)