Theories &Concepts

of Law

Jurisprudence:

Philosophical interpretations of the meaning and nature of law.

NATURAL LAW

‘It’s just not right.’‘It’s just not natural.’

How many times have you heard these sorts of judgements invoked against a particular practice or act?

What do they mean?

NATURAL LAW

‘When abortion is pronounced immoral, what is the basis of this judgement?

Is there an objectively ascertainable measure of right & wrong, good and

bad?

If so, by what means can we retrieve it?

• Since the establishment of the United Nations, the ethical tenor of international relations, especially in the field of human rights, is embodied in an increasing variety of international declarations and conventions, many of which draw on the unspoken assumption of natural Law that there is indeed a body of moral truths that, if we apply our reasoning minds, we can all discover.

Natural Law• Theories of natural law are based on

the notion that a wise and generous God created the universe according to eternal and unchangeable laws.

• It provides a name for the point of intersection between law and morals.

• Parents protecting their offspring is an example of natural law.

• What naturally is, ought to be.

• The theory that human laws are derived from eternal and unchangeable principles that regulate the natural world.

• People become aware of natural laws through their faculty of reason.

• The closer that human laws mirror the natural law, the better society will function.

• Although philosophers have generally agreed over the basic features of natural law, each philosopher has their own distinct interpretation of it.

The Nuremberg war trials of senior Nazi officials regenerated natural law ideals.They applied the principle that certain acts constitute ‘crimes against humanity’ even though they do not

offend against specific provisions of positive law.

Who is Socrates?

• Born 470 B.C.E, Athens Greece

• Socrates was perhaps the greatest philosopher of all times, though he never wrote a word.

• All that we know of him comes down to us from his student Plato and other philosophers.

• He had a gift for rhetoric and debating

• He based his philosophy on the need to “know yourself” and on living the “ examined life”’ even though the height of wisdom, according to Socrates, was to know how thoroughly ignorant we are.

• Much of his work was dedicated to defining and living the ideals of wisdom, justice, and the good life.

• His philosophical method was to meet people in the streets and marketplaces of Athens and start a discussion about a particular topic, such as justice, knowledge, love, or virtue.

• This was called dialectic: the process of clarifying an idea through discussion.

• In 399 BCE Socrates was placed on trial by the Athenians for “corrupting the youth” with his ideas.

Socrates & Natural Law

• Socrates’ defence, as it is portrayed in “The Apology,” is a clear and dramatic statement of the theory of natural law: that there is a moral imperative in the law, and it must guide people in right living.