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Monday, January 27, 2014

Critically evaluate the main principles of legal positivism and natural law.

The history of immanent constabulary is extensive. Classical Grecian naturalism was the major doctrine until Christian Theologian Doctrine replaced it. As societies have moved away from the church Natural legal philosophy of nature has been to some extent superseded by Positivism. We have been asked to critically pace out these two schools of Jurisprudence. Greek Naturalism The classical Greek philosophers believed that natural rectitude was a moral order, which was superior to homo law and one that knows no bounds either in space or time. It ordained that people should be communal and that man-made regulations for communities were inferior to natures laws. Aristotle (384 -322 BC) believed that manhood were inherently good and teleological, knowing by nature with specialised goals in mind. Anything, which interfered with this, should be considered to be bad. He spoke nearly the relationship betwixt item and value, what is and what ought to be. Cicero in the f irst degree centigrade BC perpetuated these views Judao-Christian Christian Theologians such as Thomas Aquinas (1225-1274) believed that paragon lay obliterate the rules for society and that these were superior to temporal law. semisynthetic law should pact with Gods law. He argued that there were four kinds of law: Eternal, Natural, Human and worshipful Law. Aquinas confirmed St Augustines premise that there is no law unless it is just . If human law conflicts with natural law consort to Aquinas it is not lawful and may be disobeyed. Natural law jurists argue there is an intrinsic link between law and morality. However, positivists argue it is flawed because it is based on gestate opinion and value judgments. Homosexuality in some societies is considered stirred so is immoral. Similarly it is morally wrong to kill tho in certain circumstances there are exceptions, e.g. wars. The spontaneous abortion fiddle 1967 is an example of a Positive Law... If you want to prod! uce a full essay, order it on our website: OrderCustomPaper.com

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