Evaluate Natural Law. Discuss it's strengths and weaknesses.

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Char Ayoub

Evaluate Natural Law. Discuss it’s strengths and weaknesses.

            The roots of natural law can be found in the ancient Greek and Roman world. It adopts an absolutist/ deontological view. In the play Antigone, which was written in the fifth century BCE by Sophocles, the ruler of Thebes forbids burial of Antigone’s brother as a punishment for his treason against Thebes. Antigone breaks this law and buries her brother arguing that the state cannot overrule the immortal laws of the Gods, which, in this case, require the dead to be buried. In Nicomachean Ethics, the Greek philosopher, Aristotle wrote that the natural justice was not always the as that which was just by law. He observed that while laws may vary from place to place, natural justice is independent and applies to everyone no matter where they live as he writes:

        “The natural is that which everywhere is equally valid, and depends not upon being or not being received… that which is natural is unchangeable, and has the same power everywhere. Just as fire burns both here and in Persia.”

  • Nicomachean Ethics, Book V, Chapter 7, Natural Justice.

The Ancient Stoics (members of the ancient Greek school of philosophy founded by Zeno) emphasised on the importance of the rationality that governs the world and sees human nature as part of one natural order. They considered natural law to be a law of right reason. In his letter to the Romans, St Paul who makes up most of the New Testament, wrote (Romans 2:14-15) about a law that is ‘written in the hearts’ of Gentiles (non-Jews). St Paul believed that God’s law is discernible to all through nature, this relates closely to the idea of conscience, as he writes:

“Ever since creation of the world, his (God’s) eternal power and divine nature… have been understood and seen through the things he has made. So they (Gentiles) are without excuses.” (Romans 1.20)

The Roman orator, Cicero, formulated the classic description of natural in his work On the Republic: 

        “True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons duty by its commands, and adverts from wrongdoing by its prohibitions…We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God, over us all, for her is the author of this law, its promulgator (preacher) and its enforcing judge.”   –Cicero, De Republica.

        By establishing what the ‘final cause’ or purpose (telos- Greek, meaning end) of something was, Aristotle thought it was possible to discern how one should act in relation to it. Therefore one ought to act in such a way as to help something or someone fulfil their ‘final cause’. The ‘efficient cause’ was the way to achieve the ‘final cause’. For example, doing an examination to achieve a qualification. Happiness is to be achieved by following a ‘golden mean’ (the balance between excess and deficiency) which reason reveals through observation of nature. This relates back to what Aristotle’s approach of Virtue Ethics.

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        The idea that there is a natural law of morality, just as there is a law of gravity and thee are laws of motion, can be found in many different cultures. It would be an over-simplification to suggest that there is one single moral concept of Natural Law. For example, in Hinduism, there is believed to be a ‘natural law’ called dharma, which governs the rules for different kinds of people to follow in order to gain merit. Dharma is an eternal, unchanging part of the universe, and it sets the standards for the right ways to behave. This ‘natural ...

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