Wednesday, December 25, 2019

Natural Law The Human Conception Of Justice Or Moral Right

Natural law can be defined broadly as a philosophical belief that the human conception of justice or moral right is common to all humans and derived from nature. However it’s definition has been highly debated across history and therefore different definitions must be used as to not misinterpret the ideas and principles of different strains of thought within natural law (Boucher, 2009, P.19). It is also very important to distinguish how rights are understood in natural law, which is another contested definition. Rights in terms of natural law are generally emphasise doing what is ‘right’ as prescribed by law. This focuses on duties and obligations to the common good, rather than individual universal rights garnered from nature. (MacKinnon in Boucher, 2009, P.11). Rights in natural law are formed on the basis of obligation to obey God’s law, as mere reason of itself cannot create obligation (Boucher, 2009, P.12). The differing perceptions of natural law expl ored here will focus on Sophocles, Aristotle, Stoics, Cicero, Augustine and Aquinas. There will also be brief reference to the overlaps between natural law and natural rights traditions, to show that obligations do not always take priority over rights. Primarily across the natural law tradition, obligations take priority over rights however this becomes less certain with the overlaps between natural law and natural rights, which need to be addressed. For example Mary Wollstonecraft who stressed the importance of virtue; aShow MoreRelatedLegal Positivism Over Natural Law Theory982 Words   |  4 Pagesdiscusses the conceptions of legal normativity, both moral and â€Å"strictly legal† conceptions. According to Spaak, regarding the normative force of legal justification, legal positivists can still embrace the moral idea and not be in conflict with their generally held belief in the â€Å"strictly legal† concept of law. 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