Law 2101 Study Guide - Quiz Guide: Legal Certainty
Document Summary
Natural law theory: can be know by means of reasons, is standard against which positive law can be measured natural law: - forms kind of a framework within which positive law must function. Reason imposes limits an what law can be (hartian picture of law which exists on the basis of pedigree only incomplete) Thomas acquinas natural law: - had a divine origin (derives from god) Human destination is the purpose of natural law. Contains guidelines how human beings can achieve their destination. Acquinas argued that god assisted mankind by making natural law (more accessible through bible) Guidelines for human behaviour are determined by reason. Can be determined by reason, therefore it is not necessary to study authoritative tests such as legislation or the bible (but might be helpful) positive law: - same goals as natural law but no conflict between the two. That conflicts with natural law would in principle not be binging.
