Natural law tradition

by | Oct 28, 2021 | Homework Help

Create a 5 page essay paper that discusses The natural law tradition is prey to objections from both moral sceptics and legal positivists. There is no moral truth against which human laws can be judged and, in any case, laws are made by humans and are not answerable to any objective conception.The main natural law theorists include Aristotle, St. Thomas Aquinas, and Plato. These theorists argue that any law can only be legitimate and just if such laws promote common good. However, on the other side, the Legal Positivists including H.L.A. Hart, John Austin, and Thomas Hobbes, argue that legitimate laws are those that have been enacted through effective and proper channels with persons with powers to so despite the content of such laws (Curran, 2006. Pg. 611). Despite the contributions of these theorists and their critics, it is worth noting that each contributor seeks to determine and answer the vital concern about the relationship between law and the society.St. Thomas Aquinas among other adherents to natural law theory state that there is a divine relationship between natural law and morality has given by God. Aquinas believed that natural law resulted from grand concept of God for the universe (George, 1996. Pg. 138). therefore, the natural laws must be translated into legal moral frameworks defining a moral code that benefit the life mankind and the society around him (Merkle, 2010. Pg. 201. Hutton, 2009. Pg. 182). He further stated that, in cases where this divine code comes in conflict with laws made by man, then Natural Laws of God naturally take precedence. He noted that natural laws were designed mainly to promote the common good and acts as check and balances on manmade corruptions. therefore, he added, laws that never support common good are automatically bad laws. St. Augustine of Hippo echoed Aquinas’ sentiment by noting that “an unjust law is no law at all (Pottenger, 2007. Pg. 175).”Aquinas also noted that natural laws are human laws that driven form God’s divine practical reasons and laws. Notably, this concept was supported by both Plato and Aristotle who agree that the law and justice concepts originate from reason and law that usually govern actions towards higher good (Charles, 2008. Pg. 89). Therefore, Aquinas

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