PHIL 2260 Lecture Notes - Lecture 15: Positive Law, Summa Theologica, Legal Positivism
18 Dec 2013
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Concept of nature law: positive law is a law put forward by the state or authority ex. tax law, criminal law, nature law is not made public, unlike positive law, you cannot make up nature law. Concept of nl: law means social order or order in general (comes from latin "lex"); or to bind/tie together (comes from ligare) Natural law says the law should make people distinguish good and bad (there"s not gray area: natural justice tries to give person what they deserve, proper respect, so anything that is against that should be overturn. Task of lawyers (2-fold: first step: what natural law is, second step: how to connect natural law to tasks. Because it"s about me me me (prof agrees) It"s more about reason, it"s on our heart. 5 reasons why we don"t study natural law today: Ideological form of law relatively conservative (roman christian church promoted natural law tradition) a respect of faith, commitment to god (re-ligare.
