PHILOSOPHIES OF LAW法律哲学.pptxVIP

PHILOSOPHIES OF LAW NATURAL LAW VS. POSTIVE LAW IN THE BEGINNING… Earliest forms of law were based on religious doctrines DIVINE LAW – Belief that all law comes from God(s) Law is the product of God’s will and was then incorporated into our legal codes What happens if a human law violates God’s law??? NATURAL LAW KEY CONCEPTS TO NATURAL LAW: Universe created with eternal and unchanging laws The more human laws follow these ‘natural laws’ the better society will function We can become aware of these laws through ‘reasoning’ Meet the key players Law is the highest reason implanted in nature which commands What ought to be done and forbids the opposite. - Cicero POSITIVE LAW Developed in 16th 17th Century England during a period of extreme religious, political and social upheaval Assuming that Positive Law is the opposite of Natural Law, what does the previous bullet point suggest? POSITIVE LAW KEY CONCEPTS TO POSITIVE LAW: Law is nothing more than the opinion of whoever held power at the time It has no moral purpose other than to ensure the survival of the state The law must be obeyed with no regard to morals Meet the key players IN ITS EASIEST FORM Natural Law holds that law has some higher origin VS. Positive Law holds that law is based upon human authority NEXT STEPS… Read Pg 69-79 Record points about the key contributors to early Natural Positive Law philosophies. Record their theories or how they viewed law I cannot stress the importance of understanding each of their ideologies- it will be important for the summative to this unit. The next step will be to look at modern legal theories But first… Five cave explorers were caught underground after a tunnel collapsed. They learned through radio contact that the rescuers were at least ten days away, and that they could not survive that long without food. They further learned that they could survive if they were to eat one from among them. They radioed to the outside to ask whether it would be legally and/or mor