Chapter 1 – Heritage of Law
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Chapter 1 – Heritage of Law Natural Law
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Chapter 1 – Heritage of Law. Natural Law. Agenda. 1. Natural Law 2. Roncarelli v. Duplessis. Learning Goal for Today. By the end of the lesson, students will be able to explain the main philosophers of natural law. Expectations. - PowerPoint PPT Presentation
Transcript of Chapter 1 – Heritage of Law
Chapter 1 – Heritage of Law
Natural Law
Agenda 1. Natural Law 2. Roncarelli v. Duplessis
Learning Goal for Today By the end of the lesson, students
will be able to explain the main philosophers of natural law
Expectations Analyse the views of historical and
contemporary philosophers of law CGE4c – responds to, manages and
constructively influences change in a discerning manner
CGe7d – promotes the sacredness of life
Aristotle and Rationalism(384-322 BCE)
a student of Plato at the Academy in 4th century AthensBelieved that: what sets humans apart from other species is our ability to reason which allows us to tell the difference between good and bad, the just and unjust Reason is the spark of the divine in human beings
Plato and Aristotle
Concept of Rationalism
Is the process of using reason to analyze the natural world through observation.
Plato believed
anyone who really knew what good was would do good.
Aristotle disagreed
he believed there were three classes of people
1. Some are born good2. Some can be made good through
education3. Majority of people are ruled by their
passions and education alone will not make them good. Only law can make people behave well.
According to Aristotle
“Law, which regulates human life in the state, has this as its highest purpose-to help citizens use their faculty of reason to reach their greatest potential and by doing so to live a good life.”
Cicero (106-43 BCE)Limits of Civil Law
leading politician, lawyer and legal philosopher
Romans believed
That the ideal law was rooted in a divine source
According to Cicero:
“Law is a natural force; it is the mind and reason of the intelligent man by which justice and injustice are measured.”
Natural laws
They are universal and unchanging.
This idea gave the Romans a higher law, presumed both a moral and legal superiority.
Cicero advocated
Civil or human laws should be set aside or disobeyed if, in the minds of the “wise and intelligent man”; laws were deemed to be in conflict with those of nature.
Civil disobedience:
Could be used to compel lawmakers and government leaders to reform laws that failed to conform to the laws of nature.
Cicero
Nature was best represented by those activities that were for the common good and had some general degree of application to all citizens.
St. Augustine (354-430 CE)
“Ideal justice can be achieved only when the “City of God” comes on earth, meaning when God came back to earth and Christian justice reigned supreme.”
St. Thomas Aquinas(1225-1274)
“Law is chiefly ordained to the common good,” and that the intention of the law-maker should be to “lead men to virtue.”
Aquinas claimed
Natural science and rationalism were consistent with Christian truths
Church-made, or canon law was to rule over all civil, or human-made laws
Aquinas
Law must mirror a natural world order made known to humans by their own process of reasoning and by the divine revelation of Christian prophets
Aquinas Necessary connection between law
and reason; reason invested law with its very legitimacy
Practical reason:
tells one what ought to be done
directs humans to do good and avoid evil
Identified four kinds of law Eternal law: is the body of laws by
which God created the universe and keeps it in operation.
Exists outside time and will never change
Eternal Law
Impossible for humans to have a perfect knowledge of eternal law because it is impossible for us to understand the mind of God
Natural Law Is the eternal law as it operates in
humans and can be known by us.
We know this law through our faculty of reason and can see its workings in the natural world around us
Divine positive law:
Is that part of the eternal law that has been revealed in the scriptures
Includes: Ten Commandments Sermon on the Mount
Human positive law:
Consists of laws that human beings have made for the proper functioning of society and the state.
Example: thus shall not kill, but written law against murder in which the act is defined and penalties are set out
Rules of Natural Law
The validity of a law is dependent upon its moral content, or justness
Aquinas order
1. Preserve life2. To reproduce3. To educate offspring4. To know the truth about God5. To live in society6. To shun ignorance7. To avoid offending others
Aquinas
Humans are created for a spiritual purpose; to live in such a way that they will be united with God after death.
According to Aquinas,
Natural law may be altered if the change is the adding of laws that would benefit human life.
People are under no moral obligation to obey any laws that conflict with divine laws.
Homework Hwk read Roncarelli v. Duplessis
[1959] SCR 121 on p.89 & do ?’s #1-4, p.90
