AND ITS PROBLEM

THOMAS AQUINAS (1225-1274)

NATURAL LAW
NATURAL Pertaining to, existing in, or produced

by nature. Not a supernatural , Not artificial. DEFINITION OF LAW IN GENERAL Law,Ley, Lex is derived from legere, leer. It is derived from the old norse term LAGU which is cognate with TO LAY. Law is something to lay down. According to St.Thomas of aquinas, Law is an ordinance of reason for common goods promulgated by one who has care in the community. It is an ordinance of reason by legitimate authority for the needs of the community

It has the following qualities:

MORALLY GOOD It is concerned with

right and wrong and the distinction between them. Capable of right and wrong actions. JUST Kinds and degree in the generally accepted body of ethical law or obeying the current accepted law POSSIBLE MORALLY AND PHYSICALLY RELATIVELY NECESSARY RELATIVERLY PERMANENT

DEFINITIONS OF NATURAL LAW

It has an objective, external existence. It follows from

evolutionary stable strategy for the use of force that is natural for humans and similar animals. It is the ability to make moral judgment , the capacity to know the good and evil. Is that law that corresponds to a spontaneous order in the absence of state and which is enforced by individual unorganized violence. Is the law, which is proper to uphold by an unorganized individual violence , whether a state is pre sent or absent.

 Natural Law derives from nature of man and the world, just as physical law derives from the nature of space and time.
Natural law is a law of cause and effect which always

appeals to be obeyed when changes occurs in the physical world . A body of law determined by an innate human state of justice, the laws obeyed by mans animal instinct as compared to moral law. The natural law may be defined by a mandatory aspect of the objective moral order or a participation in the eternal law by the rational creature or a dictate of reason concerning natural goods.

NATURAL LAW PRINCIPLES

THE BASIC PRINCIPLES OF NATURAL LAW

these are immediate dictates of mans reasons or self evident principles.

THE PRINCIPLE THAT THE GOOD IS TOBE DONE

AND EVIL IS TO BE AVOIDED This is the golden rule : Do to other men all that you would have them do to you.

 Hobbes argued that several logical conclusions or consequences can be deducted from our concern for our survival.

HISTORY OF NATURAL LAW Natural law was discovered (not invented, not created) by the stole philosopher. This was the answer ( not their answer). Renewed the Questions WHAT LAW, WHOS LAW During the dark ages , the knowledge of natural law , like much other ancient knowledge was kept alive by the church. the next major advancement of natural law after the dark ages with the dutch republic.

 Natural Law is a method not a code.

Natural Law is an integral part of chritianity
Natural law is a valid part of science. Study of law and

economics

POSITIVE LAW
The term generally used to describe man made laws

oblige or specify an actions. It is also describe the establishment of specific rights for an individual or group. promulgated passed, adopted by a the official or entity vested with authority by the government to prescribe the rules and regulations for a particular community variety of forms including legislative enactment jdicial orders, executive decrees and administrative regulations POSITIVISM Legitimate source of law are those written rules and regulations by the Govt.

FUNCTIONS OF POSITIVE LAW

Positive

law determines and specifies what is vague in the natural law. Positive law draws conclusions from natural law. Positive law emphasizes and codifies clear concepts of the Natural law.

COMPARISONOF POSITIVE LAW WITH NATURAL LAW

NATURAL LAW Fundamental Absolutely necessary Unchangeable Same everywhere and always Known by reason Universal for all men
POSTIVE LAW Additional Relatively necessary Changeable d for particular could be amended Different in Different places Promulgated by authority Restricted for particular people

A LAW IS VALUEBLE NOT BECAUSE IT IS LAW, BUT BECAUSE THERE IS RIGHT IN IT.
HENRY WARD BEECHER

JONATHAN L. AGUILAR REPORTER