Term Paper on "Natural Law"

Term Paper 4 pages (1544 words) Sources: 1+

[EXCERPT] . . . .

Natural Law

The concepts of natural law have been composed by a number of well-known philosophers. However, these multiple compositions have created a lot of problems in the context of the authenticity of the natural law. The paper reveals some of the fundamental problems related to the authenticity of the natural law and provides a viable solution.

Natural Law, in simple terms, can be defined as the belief that all the humans are a creation of the Holy Being, God, and they are given certain birth rights under the sayings and principles that have been put down by Him (God) (Natural Law; (http://www.answers.com/topic/natural-right).

These concepts and rights are such that cannot be denied by any form of government or society. The concept of natural law is an ancient one, but with some changes and modern ideas intermixed in the old traditions, a new concept of natural rights is created, which is implemented nowadays due to the escalation of the notion of individuality (Natural Law; (http://www.answers.com/topic/natural-right).

Review of Related Literature

Throughout history humans have made valiant attempts to sketch a replica of natural law. Some of the most prominent and exemplary terminologies of natural rights or Natural Law are the French Declaration of the Rights of Man and the Citizen (1789), the Universal Declaration of Human Rights of the United Nations (1948), the English Bill of Rights (1689), the first 10 amendments to the Constitution of the United States (known as the Bill of Rights, 1791), and the American Declaration of Independence (1776). These models of natural laws have had a tremendous influence on a number of civilizations all across the world (Natural Law; (http://www.answers.com/topic/natural-right).

Many writers and philosophers, too, have over the years written about the principle of Natural Law. Samuel Adams, Thomas Paine and Thomas Jefferson have been the most prominent promoters of the notion of Natural Law from the North American colonies driving it forward as a valid reason for an uprising. One of the most influential writings comes from John Locke. Locke believes that essentially all humans are born good and coherent and that they only bring forth the rights that they themselves have enjoyed over the years, whether they be rights of religion, possessions, speech, choice of government, etc. Jean Jacques Rousseau proposed the rights of the individual coupled with social interaction so that unity and harmony would prevail not only with the individual but within the community as well. (Natural Law; (http://www.answers.com/topic/natural-right).

From the above mentioned facts, it is clear that multiple interpretations exist in the implementation of the Natural law. Therefore, this paper seeks to find the correct concept of Natural law so that it can be realistically implemented.

Methodology

This dissertation outlines some of the fundamental problems related to the authenticity of the natural law and provides a viable solution.

Collection of Data

The tactic involved in the process of collecting relevant data has been that concise and yet comprehensive information related to the topic (the fundamental problems related to the authenticity of the natural law and viable solutions to those problems) has been compiled from books and articles published in various scientific journals and magazines by individual researchers, as well as, research institutions. Both, online resources and offline resources have been used to compile the data.

Results

All over the world, and particularly, in the United States of America, the legit and political laws are fast taking over the natural rights and social laws of a community where an individual has to, in one circumstance or the other, persist or turn to litigable forces or lawyers (Alasdair MacIntyre, 2000).

It is without a shadow of doubt that no country or nation can do without dealing some cases under the light of the litigated laws and its current political standings, but it is the lack of understanding of the natural laws and natural rights of an individual that these litigated laws have taken the front seat and become the first priority instead of the last, which leaves the nation within the fences of "great moral deprivation" (Alasdair MacIntyre, 2000).

Natural Law is neither an invention nor a factional teaching of a certain religion; it is in fact governed by a nature all on its own based on the principles of God, so a mirror will reflect the image it beholds and water will take the shape of its container. Similarly, the moral and ethical attributes of a human being marks its nature (Nicomachean Aristotle, 1985; Cicero, 1959; Thomas Aquinas, 1947).

Hence, the morals and ethics of a human will bring one to do what's right according to the circumstances and situations that one faces. To do justice according to the nature of the situation is what makes the moral right or good (Thomas Aquinas, 1947).

According to Robert P. George "we make the natural law 'effective' through our own choices. However, the principles of natural law possess and retain their normative and prescriptive force independently of anyone's decision to adopt or refuse to adopt them in making the practical choices to which they apply." According to him, the natural right does not change or transform because of how we apply it, it stays true to its nature, and it is we who either have or don't have the ability to make use of that natural right that has bestowed on us (Robert P. George, 1996).

According to Pope John Paul II, a conscience that is truly and properly aware can very solidly perceive the moral righteousness or a moral wrong (Thomas Aquinas, 1947).

St. Thomas, though, thinks that the natural law is the gateway towards the natural reason of deciding what is good and what is not good or is evil. He also believes that the immoral action of an individual, such as burglary, without the knowledge of right and wrong does not justify him to be judged as a burglar. He can only be judged so if he knew the boundaries of right and wrong and decided to choose the wrong way anyway (Thomas Aquinas, 1947).

Many thinkers have raised the question of the authenticity of a natural law formed. Those who support the ideas of natural law are mainly confronting the question "Whose natural law?" If natural law was laid down through the consensus of several able minded men, then who can decide what is to be followed? Why do they get to choose the basis of right and wrong for a nation of different legacies? And how does the individual knows for sure the denotation of its existence (Thomas Aquinas, 1947)?

The one most applicably suitable way to answer this query is to realize that every reaction has to have a preceding action, similarly every law or bill that is passed has to have a mind that makes up the law or bill: the mind of the lawmaker. The natural law of your Lexus (the car) is developed into it by its manufacturer, Toyota (the company). Similarly the natural law of the human behavior is constructed by its Manufacturer. Our Manufacturer, God, has built in us the concept of reason and the power of will which guides our natural demeanor and lays the basis for the natural law (Thomas Aquinas, 1947).

Reason itself can be misled and misguided by the evil scale through our fragile intellect and the forces of will and the balancing sides of moral issues. So reason alone cannot help us determine what the natural law desires of us and our conduct, which is why the Divine Law became a necessity (Thomas Aquinas, 1947).

According to St. Thomas, there are four reasons why the Divine Law became a necessity: first, man's end cannot be of eternal happiness without the guidelines given by God; second, the different minds of men cannot come to a common or absolutely right… READ MORE

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