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Lecture 3

phlb11 WEEK 3 (Lec notes 23- 01- 2013).docx

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Mark Clamen

phlb11 natural law theory - believes that the validity/existence conditiions for law will (necessarily) include some moral criteria - in other words - a full account of the nature and function of law is not possible without inluding some moral account - a law to be law it must pass some moral content - Hnr judge Earl - in the west german case it was found that the laws were not laws and that the women i n question did not break any laws Aquinas - but for aquinas ( and not for fuller) - natural law is the moral law Aquinas 1) to be moral to act in conformity with our nature, or with nature itself - to be a good person is to be good and live witth others - to act the nature (i.e. a table, flat and holds things up ; a good person is a good person) Morality - is therefore given by our nature because we are moral being, in so far as you are huma n you are subject to these rules - to act inhumane is to act against the nature - a non-relativist - to be moral at all times 2) this natural law is discoverable by reason (for aquinas, any rational creature can ascer tain the natural moral law through reason and thought) _________ 1. divin law - laid down by god and oncerned with out ultimate salvation (perhps best de scribed as the relations between ourselves, or our souls and god) 2. natural law - is comprised of those precepts of the divine law that govern the behavio ur of being possessing reason and free will - discoverable by reason, ar rational and objective to all 3. human law - these are rules that are written by us - the so called POSITIVE LAW - there has to be jurisditiction, writters, and people who will do such law must not conflict wih natural law otherwise it is perverse of our nature 1) there can be no legally valid standards that conflict with the neutral law; and 2) all valid laws derive what force and authority they have from the natural law Fuller's view - there is an internal morality to law - but this inner morality is at the level of the system, and need not necessarily be true of its particular laws - this is sometimes called a procedural (legal) naturalism (as opposed to Aquinas' classic al form) the parable of king rex - a law which a man cannot obey, nor act according to it, is void and no law - judge vau ghan (1677) - the story of king rex, young, newly kinged, wanted to be a reformer - a king and wants to perform the law and to do so stripes all previous laws - wants to make it better, a throws it all because it was archaic, inefficient - wants to build law from scrape - rex fails to achieve the positive aspects - with each passing attempt to bui
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