Natural Law and Positive Law Similarities

By 23 noviembre, 2022 No Comments

The history of the philosophy of natural law dates back to ancient Greece. Philosophers such as Plato, Aristotle, Cicero, Thomas Aquinas, Gentili, Suárez, etc. used this concept of natural law in their philosophies. Examples of natural law abound, but philosophers and theologians have differed throughout history in their interpretations of this doctrine. Theoretically, the commandments of natural law should be constant over time and throughout the world, because natural law is based on human nature, not culture or customs. Natural law philosophers often do not deal explicitly with economic issues; Similarly, economists systematically refrain from making explicit moral value judgments. But the fact that economics and natural law are closely linked has been consistently confirmed in the history of economics. Natural law regards good law as the law that reflects the natural moral order through reason and experience. Man is not taught natural law per se, but we «discover» it by constantly making decisions for good rather than evil. Some schools of thought believe that natural law is transmitted to man by a divine presence. We have contributions to both here, see below: Pure Legal Theory – Positive Legal Theory – In the United States Constitution, the right of citizens to life, liberty, and the pursuit of happiness is a motto based on natural law.

In the penal code, certain crimes are almost universally accepted as punishable, including murder and rape. Although natural law applies primarily to the field of ethics and philosophy, it is also widely used in theoretical economics. Since natural law as an ethical theory can be understood as an extension of the scientific and rational study of how the world works, the laws of economics can be understood as natural laws of how economies «should» function. Moreover, the practice of applied economics must be based, at least implicitly, on certain ethical assumptions in which economic analysis is used to prescribe (or prohibit) public policy, or how firms should behave: When a child tearfully exclaims, «It`s not fair that…» Or when we watch a documentary about the suffering of war, we feel pain because it reminds us of the horrors of human evil. And in doing so, we also provide evidence for the existence of natural laws. A commonly accepted example of natural law in our society is that it is wrong for one person to kill another person. They can actually infer their similarities from their respective explanations. For example, unlike natural legal theory, which is based on reason, positive theory and pure theory agree that the validity of a law rests on the fact that it comes from a certain higher authority. Therefore, both theories judge a law simply by how it is created, rather than by «justice,» «equality,» or «right and wrong.» Examples of positive law include rules such as the speed at which individuals are allowed to drive on the highway and the age at which individuals can legally purchase alcohol. Ideally, when drafting positive legislation, governing bodies should base it on their sense of natural law. Since natural law presupposes universalizing rules, it ignores the fact that different people or cultures may see the world differently. For example, if people interpret differently what it means when something is fair or equitable, the results will be different.

Legal positivism is analytical jurisprudence developed by legal thinkers such as Jeremy Bentham and John Austin. The theoretical basis of this concept goes back to empiricism and logical positivism. This is historically considered the opposite theory of natural law. Natural law theory believes that our civil laws should be based on morality, ethics, and what is intrinsically right. This contrasts with what is called «positive law» or «man-made law,» which is defined by law and common law and may or may not reflect natural law. Natural laws derive their validity from moral order and reason and are based on what is believed to best serve the interests of the common good. It is also important to note that the moral standards that govern human behavior are to some extent derived from the inherent nature of humans and the nature of the world. From the perspective of natural law, good law is a right that reflects the natural moral order through reason and experience. It is also important to understand that the word moral is not used here in a religious sense, but refers to the process of determining what is good and what is right, based on reasoning and experience. «Natural laws» are inherent in us as humans.