JURISPRUDENCE FOR LLB STUDENTS IN GHANA- NATURAL LAW 1 скачать в хорошем качестве

JURISPRUDENCE FOR LLB STUDENTS IN GHANA- NATURAL LAW 1

Natural law theory posits that the legal system of a society should be judged based on universal moral principles derived from nature, discernible through reason. These principles serve as higher standards that validate or invalidate human-made (positive) law. Natural law is not merely concerned with what the law is but rather with what the law ought to be, proposing that laws must conform to a higher moral order aligned with the inherent nature of humanity. A failure to adhere to these principles can lead to societal collapse. Plato’s idealist philosophy significantly shaped subsequent natural law thinking. He conceptualized justice as an absolute entity with intrinsic truth and reality beyond human law. In Plato’s view, justice is an innate quality, and the law must strive to reflect this absolute justice. A just law can only be achieved in an ideal state ruled by philosopher-kings, capable of discerning justice. Laws that pursue this ideal are considered valid. Aristotle, in contrast, grounded his theory in human nature, rejecting Plato’s external absolute ideal. For Aristotle, understanding human nature is essential to lawmaking, as human beings have a social and political purpose. The law, therefore, should assist humans in fulfilling their purpose of living within a political community and achieving a good life. The principles of natural justice arise from this understanding, based on universal human values directed toward achieving a state of goodness. Cicero, influenced by Stoicism, was one of the first to assert that natural law comprises universal moral principles that obligate all humans, not just citizens of a particular state. To Cicero, living in accordance with reason was living naturally, and the dictates of reason were universally binding. He contended that good law aligns with these principles of nature, while unjust laws that violate natural law are not truly laws and should be overturned. Thomas Aquinas, a medieval philosopher and theologian, argued for a synthesis of law based on divine order. According to Aquinas, all creation emanates from God, the ultimate good, and the natural order reflects divine reason. Aquinas classified law into four types: lex aeterna (eternal law), lex divina (divine law), lex naturalis (natural law), and lex humana (human law). Eternal law represents God’s plan for the universe, known only to God, while divine law is part of eternal law revealed through scriptures. Natural law, comprehensible by human reason, mirrors divine law and guides mankind. Human law, in contrast, should draw upon these higher laws for legitimacy. Grotius extended natural law into secular thinking, laying the groundwork for modern international law. He emphasized that certain actions are intrinsically right or wrong based on their natural appropriateness, independent of divine decree. His assertion that “natural law would subsist even if God did not exist” reflected a shift toward secular natural law reasoning, influencing thinkers like Hobbes, Locke, and Rousseau, and contributing to political revolutions, particularly in America. Thus, natural law is essentially a moral theory that governs human conduct, with legal validity contingent upon higher principles drawn from nature, reason, and in some cases, divine order. It seeks to align human-made laws with these universal moral standards for the betterment of society