Natural Law Theory
To search for an understanding of the nature of the law, lawyers and philosophers developed the so-called theory of natural law, and has become a literal cornerstone of the evolution of modern legal thought. Although somewhat limited in the spirit of modern jurisprudence, natural law has had an enormous impact on our understanding of the meaning of law in society as a reference to build more complex theories. In this article we examine some of the key propositions that underpin the concept of natural law and the strengths and weaknesses of this fundamental principle of legal interpretation.
The natural law begins with the basic premise that the law is motivated by morality, and thus is affected. With a history dating back to the beginning of Aristotle and other philosophers, the theory of natural law is traditionally linked to law and religion with an innate sense of justice, rather than the more pragmatic theories. While this may seem rather basic principles have been developed and refined by centuries of academic debate and ultimately lead to a more sophisticated theory of the nature of the law. The idea that any law is subject to an unwritten code of morality is at the heart of natural law. It also raises some potential problems in terms of civil legislation. Some theorists believe that the natural law to a law binding on citizens, who must adjust to this sense of natural justice. However, there is clearly not the final objective notion of morality, which casts doubt on this principle. In addition, the prospect of a law can not be taken for a greater sense of morality does not correspond to reality, taking into account the possible consequences of the law without taking into account constantly based on the subjective notion justice.
Also in this primitive understanding of natural law, citizens, in violation of the laws of your state, you could try to justify their actions through a justification of the “immoral” laws. This also creates a state of disorder, taking into account natural variations of personal opinions, which, ultimately, sustainable society. For this reason, the system of natural law, failed to obtain acceptance modern academic course with a few exceptions.
The natural law was proposed as a test to try war crimes, based on the principle of retroactivity, that is, no one can be tried for a crime that is not a crime. Many war criminals are no longer gear in the machinery of a legal regime that will ultimately their actions, but morally unjustifiable. Theories of natural law, for a challenge on these grounds, while avoiding the embarrassing question of the legal violation, which ultimately works in the service of justice. In this sense, it might be useful as a canon of interpretation and determination of the fair and equitable sharing of difficult cases. However, as a legal concept more broadly, the natural law and the intersection between law and morality seems too difficult to reconcile with the legal agreements considered academic. However, the law of nature has provided an excellent position to another argument, and provided a platform that was critical to the development of more sophisticated ideas, held in mind in this modern world.
