Determine The Strengths and Weaknesses of The Natural Law Using A Frayer Diagram

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Determine the strengths and weaknesses of the Natural Law using a Frayer Diagram

DEFINITION
● is a legal system founded on a careful examination of human nature, as well as
values inherent in human nature that can be determined and applied
independently of positive legislation. According to natural law doctrine, everyone
has inherent rights that are bestowed by "God, nature, or reason," rather than by
government. "Theories of ethics, concepts of politicians, doctrines of common
law, and ideas of religious principles" are all examples of natural law theory.
● In the Scientific revolution, contemporary natural law theories emerged, blending
influence from Roman law, Christian scholastic philosophy, and current
conceptions like social contract theory. It was used to refute the divine right of
kings idea, and it later became an alternate rationale for the construction of a
social compact, legal system, and authorities hence legal rights—as classical
republicanism. During the first decades of the twenty-first century. The concepts
of natural law and natural rights are inextricably linked. Many psychologists,
federal judges, and academics use natural law interchangeably with constitutional
law or common justice, however others distinguish between the two.
● It was predicted by the Pre-Socratics in the Western tradition, for example, in
their seek for rules that regulated the environment and individual humans. Natural
law was established in ancient Greece, particularly by Aristotle[5], and Cicero
referred to it in ancient Roman ideology. It is also mentioned in the Old and New
Testaments of the Bible, and Christian intellectuals such as Albert the Great and
Thomas Aquinas elaborated on it throughout the Ancient World. During the
Renaissance, the Salamanca School produced significant contributions.

References: Wikipedia Natural Law Retrieve September 25, 2021 from


https://en.wikipedia.org/wiki/Natural_law

PROPONENT : It is regarding to the person who support the informations regarding to


the Natural Law and there are 3 different people that we called proponents who
advocates this kind of theory of Law and those are the following:

● Aristotle:As reported by the Greek philosopher named Aristotle, the natural law is
Universal, it means the natural law has the one of the same force everywhere and
concerning to the people’s contemplation it doesn’t exist.

● Marcus Tullius Cicero: According to Cicero the Natural Law is considered as a


higher law, it means that God is the source of this Natura Law who gives its
validity.

● John Finnis: As stated by an Australian philosopher named Finnis the Natural


Law is an ordering for human life and human continuity that has a set of
principles regarding practical reasonableness.
References:
Athirahhashim.THEORY OF LAW (2016, NOVEMBER 11). RETRIEVED FROM
https://www.slideshare.net/athirahhashim2/7-theory-of-law

STRENGTHS
● Natural Law is based on morals that the majority of people follow, therefore they
are rational.
● Simple to follow as it assumes that there is an ideal and universal human nature,
all humans need to do is strive towards this state.
● It is based on reasoning, and not revelation, this allows making it possible for
everyone to follow the principles. It is universal and absolutist so it is always
relevant. It allows for a clear cut approach to morality and establishes common
rules.
References:
A. (2017, March 18). Strengths and Weaknesses of Natural Law. Advantages and
Disadvantages Table in A Level and IB Ethics.
https://getrevising.co.uk/grids/strengths-and-weaknesses-of-natural-law
Olaposi, I. (2021, July 4). Natural Theory of Law: merits and demerits. LAWhub NG.
https://www.lawhub.com.ng/natural-theory-of-law-merits-and-demerits/

WEAKNESSES
● Fails to consider the situation people find themselves in and the consequences of
an action.
● Not everyone bases their moral choices on reason and not all rational people
agree with it.
● A non-believer would have no desire to follow a system based on fulfilling God’s
will.
● Many question this idea of a universal human nature.
● The synderesis rule assumes all humans are the same and do not intend to
commit bad acts; which is simply not the case.
● When humans make ethical decisions, they are not always rational. They are more
likely to base their decisions on emotional factors and instinct, even if only
because it's faster to do so.
● It restricts what both God and Humans have the capability to do.
● Individual problems do not easily fit into natural law either. It is a fine enough
theory to base laws on for the good of society as a whole, but it gives no guidance
for individuals making ethical decisions.
● It commits the Naturalistic Fallacy, meaning that there is no way to define good,
yet this theory attempts to anyway.
REFERENCES:
STRENGTHS AND WEAKNESSES OF NATURAL LAW. (2017, January 25). Retrieved October 25, 2021,
from UnKantrolable website: https://unkantrolablerpe.wordpress.com/2017/01/25/strengths-and-
weaknesses-of-natural-law/
Strengths and Weaknesses of Natural Law Theory. (n.d.). Retrieved October 26, 2021, from
prezi.com website: https://prezi.com/1bwqzgpfpuzt/strengths-and-weaknesses-of-natural-law-
theory/?frame=a0de9f881f169e6f152aac5baf6960757adafc7f

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