Thomas Aquinas, Natural Law And Legal Positivism - 710 Words

There are different types of relationships between Morals and Laws. It is important to distinguish these differences by the assertion and denial of them. In the book The Concept of Law there are two types of relations, Natural law and Legal Positivism. Natural Law is defined as â€Å"certain principles of human conduct, awaiting discovery by human reason, which man-made laws must conform to if they are to be valid (Hart 2012 p.185-186).† Legal Positivism is defined as â€Å"the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality (Hart 2012 p.186).† Thomas Aquinas views follow natural law, which play a central role in his moral and political teachings. Aquinas states that when you do†¦show more content†¦Although, they can become laws if they are put into practice one way or another. He does not believe that the law is a product of God., He believes moral judgments cannot be statements of facts instead of rational argument, evidence, or even proof. Hart embraces that the law is a tool of social control. He believes citizens should have the right to the opportunity and ability to follow the law. To have a principle of fairness, formal justice, and impartiality built on the concept of law the legal system must have primary rules that can control citizen behaviors. Hart believes this system is best for the liberty restrictions that are found in criminal law. Primary rules are ones required to do or abstain from certain actions and secondary rules are lead not merely to physical movement or change, but to the creation or va riation of duties or obligation. Hart argues, that his theory of law is a descriptive account of the distinctive features of law in general as a complex social phenomenon (Hart 2012, p. 246).† Hart theory does not justify how citizens apply the concept of law, but how they distinguish systems of law from other systems of social rules. Aquinas believes the morals and law originated from god, whereas hart believes that it comes from social values. One believes that law can felt where the other one believes law has to enforced. Hart believes the legitimacy of law whenShow MoreRelatedThomas Aquinas And The Natural Law895 Words   |  4 PagesThomas Aquinas, answers the question what is human law? In his â€Å"Summa Theologica† Aquinas explains that â€Å"It would seem that there is not a human law. For the natural law is a participation of the eternal law.† Now through the eternal law all things are most orderly, as Augustine states (De Lib. Arb. i, 6). â€Å"Therefore, the natural law suffices for the ordering of all human affairs. Consequently, there is no need for a human law.† Aquinas explains that â€Å"Natural Law is a theory that says that thereRead MoreThe Distinction Between Natural Law And Legal Positivism Essay1747 Words   |  7 Pagesdistinction between natural law and legal pos itivism. I will make distinctions regarding advantages and disadvantages of the definitions of the theories of natural law and legal positivism. By focussing on slavery as an example I will be looking at various theorists and their theories thereby attempting to make sense and find clarity in this regard. 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Once, jurorsRead MoreA Critique of Natural Law Essay2522 Words   |  11 PagesA Critique of Natural Law Essay #2 Barbara Palombo 256 Pinevalley Crescent Woodbridge, Ontario L4L 2W5 Email: palombo5152@rogers.com Student #: 923621220 Phil 1002 6.0 Q Class ID: 1227265 Team Instructor: Carol Bigwood Natural Law is a concept that has caused ambiguity throughout the history of Western thought. There is a multitude of incompatible ideas of natural law that have caused even those who are in basic agreement on natural law theory to have opposing notionsRead MoreThe Case Against The Fugitive Slave Law2396 Words   |  10 Pages   Ã‚  Ã‚  Ã‚  Since the spoken word, hundreds of philosophers have defined law in different ways. Philosophy allows people to study the nature of people’s beliefs which can differ over time. Not even laws are exempt from the opinions of philosophers. Seeing law in different ways allows people to come to different conclusions about legal cases. The Fugitive Slave Law was a controversial law in American history which allowed slave-owners to capture their slaves who have fled north to free states. Once, a group