Term
| what is the basis of natural theory? |
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Definition
| natural law theory claims that morality is the basis of rules being implemented as a law doctrine. all human laws must be consistent with the natural moral law and thus morals set parameters around what's feasible for man made laws |
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Term
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Definition
| implemented by human beings, posited |
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Term
| What is natural law theory for man made enforced laws? |
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Definition
| we need decisive reasons to comply with man made enforced laws and these laws need to address our practical standards and be by their nature rational |
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Term
| what does aquinas claims about laws? |
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Definition
aquinas claims that:
1. laws command and forbid, but only if rational
2. laws contain a coercive element
3. laws must aim at the common good, which is happiness
4. promulgated by "he who takes care of the community"
5. rules govern social behavior to enhance the community as a whole
6. that which is not just is not law at all |
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Term
| what does Aquinas claim about bad laws? |
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Definition
| Aquinas asserts that laws that are not reasonable are not laws at all |
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Term
| why is natural law theory important? |
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Definition
| natural law theory provides a standard, that might not be necessarily attainable, to aspire to. It encourages us to asses our laws on moral grounds so that we may work to improve them |
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Term
| what is the reasoning behind natural law? |
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Definition
| natural law encourages the promotion of human virtue, goodness, and attainment of the common good and enforcing laws that do not further these aims is immoral |
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Term
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Definition
| natural law separates the rule of law from the rule of might/men to guard against individuals rights being trampled. |
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Term
| what are some problems with natural law? |
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Definition
| natural incorrectly claims that moral laws are self-evident, so the need for another basis of determining which such claims are true is created. |
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Term
| what is the difference between positivists and naturalists on the obligation of obeying law? |
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Definition
| naturalists argue that although law is a has a coercive element and is commanded to the masses by a sovereign, we should obey law because we are in moral agreement with it's provisions, not just because we fear the consequences of disobeying. This idea creates the concept of separation between rule of gangs and law. |
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Term
| What is the significance of distinguishing between the rule of law and the rule of gangs? |
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Definition
| when we discriminate between these powers, we often grant a just government a form of legitimacy based in our social contract and expectations that the law's function is to prevent and punish the violation of our individual moral rights. This interpretation of the law's function makes a moral dimension of law inescapable |
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Term
| what are the dangers of immoral laws in regards to their effectiveness and reception in society? |
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Definition
| if rules are amoral, they will likely lose the respect of the people and cause them to critically examine and question the government on these grounds. |
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