Natural Law Theories

Issues
1. Conceptual
Jurisprudence

IEP
If a course of reflection or discourse makes it
appropriate to acknowledge the rules settled or
posited character as cognizable by reference to
social-fact sources, one can say that it is legally
valid though too unjust to be obeyed or applied. Or
if the discursive context makes it appropriate
instead to point up its lack of directiveness for
judges and subjects alike, one can say that the
rule, despite its links to social-fact sources, is not
only not morally directive but is also legally invalid.
Each way of speaking tells an important part of the
truth, or rather, tells the truth with an emphasis
which differs from the other's.

SEP
The task of conceptual jurisprudence is to
provide a set of necessary and sufficient
conditions for the existence of law that
distinguishes law from non-law in every
possible world.

2. Nature of
Interpretation of
Natural Law

The moral theory, the moral standards that govern

human behavior are, in some sense, objectively
derived from the nature of human beings and the
nature of the world.

Considers natural theories only as theories of

law. That is not to say that legal theory can
be adequately identified and pursued
independently of moral & political theory.
Nor is it to deny that there are worthwhile
natural law theories much more concerned
with foundational issues in ethics & political
theory than with law or legal theory.

3. Relationship
between Moral
Theory and
Legal Theory.

They are logically independent

Legal theory cannot adequately identified

and pursued independently of moral theory

Issues on Natural
Law
Origin and Destiny

IEP

SEP

Natural law moral theory is the claim that

standards of morality are in some sense
derived from, or entailed by, the nature of
the world and the nature of human beings.
Nature has placed mankind under the
governance of two sovereign masters, pain
and pleasure. It is for them alone to point
out what we ought to do, as well as to
determine what we shall do.

Believes in the Evolution Theory of Charles

Darwin. That human beings now was a
product of continuous evolution through
process and time.
If one thinks perceptively and carefully
about what to pursue (or shun) and do (or
forbear from), one can readily understand
and assent to practical propositions such as
that life and health, knowledge, and harmony
with other people are desirable for oneself
and anyone else.

Absolute Authority

This law of nature, being co-eval with

mankind and dictated by God Himself is of
course superior in obligation to any other.
Human laws which conflict with the Divine
Law are not binding, that is to say, are not
laws, therefore those which are most
opposed to the will of God, had been and are
continually enforced as laws by judicial
tribunals that therefore
God has commanded that human lawgivers
shall not prohibit acts which have no evil
consequences.

Political authority as remedy for anarchy,

injustice and impoverishment. Promotion of
common good and welfare of the people is of
paramount concern, having authority to
restrict the use of violence, theft and fraud,
and in which any conventional
norms of conduct are made hollow by
irresolvable disputes about their content
and/or their application.

Human Nature

Rational nature of human beings. Good and

evil are thus both objective and universal.
Human beings possessing reason and
freewill.

What is good and reasonable for us is a

resultant of what is foundational, our given
nature; our knowledge of our nature is in
significant part as a resultant of our
understanding of what kinds of possible
objects of choice are good.

Human
Redemption/Salvation

According to Aquinas, to do good and avoid

evil.

Rule of law and not of men, that for you to be

saved you have to abide the laws.

What is good