LAW AND JUSTICELAW JUSTICE

Order in society Fairness and equity

Rule of law is of supreme value Civil disobedience is allowed if laws are unjust and contrary to what is fair.

Means of resolving disputes Judge can depart from law in unusual cases through establishing a precedent

Defend person, property and rights Laws must be consistent with moral law

TRADITIONAL THEORIES OF LAW

•Divine law

•Natural law

•Positive law

DIVINE LAW…

…was created by a supreme being…is universal and permanent…guides us to become good people

EXAMPLES:The Code of HammurabiThe Qur'anThe 10 commandments

Religious experts must participate in government.

Man-made laws must reflect divine law, or they are not legitimate and must not be obeyed.

…already exists in nature…is universal and permanent…helps good people to become better

EXAMPLES: Physics Mathematics Human behaviour--?

NATURAL LAW…

Scientists must participate in government and use logic and reason to discover the laws of human nature.

Man-made laws must reflect natural law or they are not legitimate and must not be obeyed.

POSITIVE LAW

…can only be created by humans…is local and variable…preserves order in society

People are bad by nature and require strict regulation, therefore all laws must always be obeyed.

Theories of lawDIVINE LAW NATURAL LAW POSITIVE LAW

*Laws made by a higher power and brought- passed to the people.•Many kings used divine law to solidify their power and maintain control- they were “chosen by god to rule and provide law”.

•It has been argued that divine law provides the reason for natural law.

*Moral law (not sure of origins but is a natural guide).*Laws evident in nature or considered innate.*Based on human Reason.•According to Locke- all men are born free and equal.•Therefore if man made laws violate the law of nature then civil disobedience is needed to oppose and overthrow unjust laws/gov’t.•Always there- cannot be taken away.

• Laws made by man.• Changeable- often to

reflect current societal needs/standards.

• Can become tools for the powerful.

• Our rights are granted by the government and can therefore be given and taken away

• Is influenced by natural law through the use of REASON