Nature of law – Seminar 5 – Natural law PDF

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Nature of law – Seminar 5 – Natural law 1. What is natural law and its key principles? - Natural lawyers believe that the law as we know it is based upon these higher moral principles, and that any law that does not meet these principles should not be classed as law as there is no validity. It essentially is the rejection of the separation of law and morals and more so concerned with moral realism. Morality is based on a set of common values and principles which affect the society. People are socially guided to develop these said principles or values, driving what we consider right and wrong. 2. How does natural law differ from positivism? – A positivist takes the approach that there is no necessary link between law and morality, and that law is made by man and supported by men, and more importantly, the law does not appease morality in the sense it does not intend to act moral, and more so a law is what it is regardless of the moral outcome. Natural Law: Natural lawyers believe that the law as we know it is based upon these higher moral principles, and that any law that does not meet these principles should not be classed as law as there is no validity. 3. Why did natural theory decline? – The main issues revolving around natural law is that firstly, the normative nature of natural law, in the sense that it derives the ought from the is. Secondly, the argument that laws and morals are separate has been growing bigger. Thirdly, natural is not objective nor can it be, the principles which in essence govern natural law are subjective, thus how can people follow a subjective law. Fourthly, there is no concrete answer to where these overarching principles derive from....