Natural Law the Prevailing Theory in the United States Today - Research Paper Example

Natural Law The Prevailing Theory by James Webster 6th Nov. The Natural Law theory was put forward by Aristotle back in the 13th century and he said of the theory that”It Starts With Basic Principles, And From These The Right Course of Action In a Particular Situation Can Be Deduced,” (Religious Studies Online). Natural law is the law of nature, of morals and ethic that is part of the human makeup, in fact part of the animal kingdom, of which humans belong, make up. This theory is what our criminal law is based upon today and has always been based upon.

The basic right and instinct for both man and beast to protect themselves and their property at all cost. Natural Law is the of knowing of right from wrong instinctively and the ability to make moral decisions based upon those instincts. This is not just a theory formulated years ago and withered with time it is a theory built into the our very being and since the days of Adam and Eve has been the law we have lived our lives by and build our criminology around. Many Christians believe that Natural Law is the will of God and the Ten Commandments certainly reflects that cause.

”They Believe That The Nature of Man And The World Reflects The Will of God” (Donald, James A,) and the Ten Commandments encompass all facets of the human instincts toward right and wrong and the formation of our current day laws and how they are enacted. You do not have to believe in God or even consider yourself christian to be inherent to Natural Law, it is not a spiritual entity but an outcome of nature. Natural Law is not something that was invented or created and it existed long before Aristotle and his cronies came up with their theories.

In modern day America our entire law revolves around Natural Law, not theories or ideas, and we never have and do not now need legislation to tell us that it is wrong to steal or to kill or even to treat another human being badly. We certainly dont need to visit a lawyer before committing murder or robbing a bank to ascertain if its the right or legal thing to do and the purpose of legal legislation is to give society the right to punish those who are unable to conform with Natural Law and even the perpetrators of acts against Natural Law expect the penalties they receive, if caught, because it is built into their nature to know that they are being immoral and wrong.

The right to bear arms in protection of ourselves and our property has always been an inherent part of Natural Law and even now in the Second Amendment to the U.S. Constitution it is not clear on that law.“There is considerable confusion about the legal theory underlying the "right to keep and bear arms"”(Constitution Society, 1994) and whenever a legislation of law is made contrary to those Natural Laws there will always be conflict as there has been over the changing legislation over gun laws, while completely understandable, it will still irritate the subconscious mind which has the Natural Laws inscribed in its very existence by non other than mother nature.

Natural Law is nature. It is natures laws that unable us to exist with some form of order with not only our fellow man but all living creatures and it is not something than legislation can change just as legislation cannot change they way we are able to reproduce our form or the way our eyesight reacts to light. Natural Law is a major part of our very existence and we would not exist without it ResearchConstitution Society (1994). Legal Theory of the Right to Keep and Bear Arms. Retrieved from http://www.

constitution.org/leglrkba.htmReligious Studies Online (n.d.). Ethical Theory. Natural Law. rsrevision.com. Retrieved from http://www.rsrevision.com/Alevel/ethics/natural_law/index.htmNatural Law (n.d.) Internet Encyclopedia of Philosophy. Retrieved from http://www.iep.utm.edu/natlaw/Donald James A. (n.d) Natural Law and Natural Rights. Retrieved from http://jim.com/rights.html