, Research Paper
REVIEWING KEY CONCEPTS
1) Define natural and positive law. Identify the fundamental differences between the theories of natural and positive law. Give an example to illustrate each of these theories.
? NATURAL LAWa is based on the theory that law has some higher or divine
origin, entitling it to a supremacy .
A set of ideal rules of conduct, from which it is believed all
human law should originate.
- The law has some higher authority.
- Universal and doesn’t change.
? POSITIVE LAW My be discribed as laws resting upon human authority.
The belief that law is simply what the political authorities or
law-makers command.
- Created by man.
3) Which philosopher would you best associate with (a) civil law, (b) cannon or church law, (c) utilitarianism? Explain how each relates to the law
UTILITARIANISM a Theory that the greatest happiness of the greatest number
should guide the formation of all laws
CIVIL LAW a Laws governing relations between individuals.
? CANNON OR CHURCH
(St. Thomas Aquinas) He believed that law was the mirror of a natural world order that was made known to humans by their own process of reasoning and by divine revelation through Christian prophets.
? UTILITARIANISM
(PLATO) I believe that Plato falls under this category because of the idea that believes that law should reflect certain universal, absolute, and eternal truths or virtues.
For Plato, human law-makers should be the servants of laws that aimed for the true happiness of the citizens.