NOTE: Free essay sample provided on this page should be used for references or sample purposes only. The sample essay is available to anyone, so any direct quoting without mentioning the source will be considered plagiarism by schools, colleges and universities that use plagiarism detection software. To get a completely brand-new, plagiarism-free essay, please use our essay writing service.
One click instant price quote
REVIEWING KEY CONCEPTDefine natural and positive law. Identify the fundamental differences between the theories of natural and positive law. Give an example to illustrate each of these theories. ? NATURAL Law is based on the theory that law has some higher or divine origin, entitling it to a supremacy. A set of ideal rules of conduct, from which it is believed all human law should originate. The law has some higher authority.
Universal and doesnt change. ? POSITIVE LAW My be described as laws resting upon human authority. The belief that law is simply what the political authorities or law-makers command. Created by man Which philosopher would you best associate with (a) civil law, (b) cannon or church law, (c) utilitarianism?
Explain how each relates to the law UTILITARIANISM a Theory that the greatest happiness of the greatest number should guide the formation of all laws CIVIL LAW a Laws governing relations between individuals. ? CANNON OR CHURCH (St. Thomas Aquinas) He believed that law was the mirror of a natural world order that was made known to humans by their own process of reasoning and by divine revelation through Christian prophets. ? UTILITARIANISM (PLATO) I believe that Plato falls under this category because of the idea that believes that law should reflect certain universal, absolute, and eternal truths or virtues. For Plato, human law-makers should be the servants of laws that aimed for the true happiness of the citizens.
Free research essays on topics related to: civil law, plato, utilitarianism, positive law, human law
Research essay sample on Positive Law Civil Law
