Natural law theory

Natural law theory

In order to understand the essence of law, early legal philosophers and scholars put forward the so-called natural law theory, which became the literal cornerstone of the development of modern legal thought. Although natural law has some limitations in modern jurisprudence, it has a huge impact on our understanding of what law means in society as a basis for the development of more complex theories. In this article, we will explore some of the main arguments behind the concept of natural law, as well as the corresponding advantages and disadvantages of this basic interpretation of legal functions.

Natural law begins with the basic premise that law is guided by morality and therefore influenced by it. The history of natural law theory can be traced back to Aristotle and other early philosophers. Traditionally, natural law theory links law with religion and an inherent sense of justice, rather than the more practical methods of other theories. . Although this sounds simple, these principles have been developed and perfected through centuries of scientific debate, and finally formed a more nuanced theory of the essence of law. The idea that all laws are subject to unwritten codes of ethics is the foundation of natural law. This also raises some potential problems in civil law supervision. Some natural law theorists believe that in order for the law to be binding on citizens, it must conform to this sense of natural justice. However, there is clearly no clear objective moral concept that challenges this principle. In addition, when people consider the possible impact of the subsequent ignorance of the law on the basis of the concept of subjective justice, the prospect of ignoring the law in favor of a higher moral consciousness is not in line with reality.

In addition, according to this primitive understanding of natural law, citizens who violate national laws can justify their actions by defending “immoral” laws. In view of the natural changes in personal opinions, this can also create a state of confusion and ultimately make society unusable. For this reason, of course, with a few exceptions, the natural law program has not yet been recognized by modern academia.

Natural law is proposed based on the retrospective principle as a consideration factor in the trial of war criminals, namely. Many war criminals are just cogs in the legal system machinery that ultimately allows them to act, even if they cannot be morally justified. Natural law theory provides a basis for disputes based on these reasons, and at the same time avoids the embarrassment of direct violation of the law that ultimately serves justice. In this sense, it can be useful as an interpretation standard and ascertaining fair and just results in “difficult” cases. As a broader legal term, natural law and the proposed intersection between law and morality seem to be too cumbersome to reconcile with a deliberate academic understanding of law. Nevertheless, natural law provides an excellent starting point for further argumentation and a platform for criticism, which is essential for the development of more complex ideas today.

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