Nobody downloaded yet

Natural Law Jurisprudence - Essay Example

Comments (0) Cite this document
Summary
Natural Law," or " jus naturale" , was largely used in the philosophical speculations of the Roman jurists , intends to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning by that word his whole mental, moral, and physical constitution…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.7% of users find it useful
Natural Law Jurisprudence
Read TextPreview

Extract of sample "Natural Law Jurisprudence"

Download file to see previous pages Jurisprudence implies creating a body of law and methods for interpreting the law, studying the relationships between law and society, and predicting the effects of legal decisions . It is the science or philosophy of law. It applies to substantive law and to the legal system in general. It is based on the fundamental principle of 'just society' which means in a democratic country, all are equal and their rights (personal and property rights) should be protected before law. Judges apply it without favor or fear. Jurisprudence implies creating a body of law and methods for interpreting the law, studying the relationships between law and society, and predicting the effects of legal decisions.(Wikipedia) . The purpose of jurisprudence is to "achieve social order through subjecting people's conduct to the guidance of general rules by which they may themselves orient their behavior" (Fuller 1965, 657).
The word ' Teleology is derived from the Greek word 'telos, which means "goal", purpose".(- page : socillogy 3rd ref ). The ancient world was permeated by teleological thought, that is, a belief that everything has a pre-ordained purpose - there's a pattern to the world and to each thing in it . (Socrates, Aristotle, the Stoics - also the Oracle in The Matrix). It is based on the Greek concept of 'eudemonism' which means that people live a satisfying life based on Universal laws. The Greeks viewed the universe as self correcting.
" The state, like all things, has a certain end. A just state is one that is organized in such a way as to achieve this teleological purpose."( Plato : The Republic)."Within the state, every person has a role or function, and 'just conduct' lies in fulfilling his or her role. "( Aldous Huxley's novel Brave New World). Aristotle and Thomas Aquinas were great supporters of teleology .
Whether " Natural Law Jurisprudence automatically lends itself to the teleological approach" In order to analyze this question , first we have to understand the characteristics of Natural law and teleology .
Natural Law Jurisprudence has the following distinguishing features which separates it from
teleological law .
i. Natural law is universal and unchanging - it's always available to legislators, judges and citizens of any jurisdiction in the field of justice - correcting wrongs and distributing goods (Harris)
ii. The sources of natural law are customs, usages, case laws and precedents
iii. It is discoverable by human reason
iv. Natural law attempts to analyze, explain, classify, and criticize entire bodies of law, ranging from contract to tort to constitutional law.
v. It commands obedience from people and people obey it in moral sense.
vi. In the US and many parts of the world, Natural Law has become very much influential.
vii. International law derives its validity from natural law. International Law is based on the principles of Natural law jurisprudence. UN Charter recognizes natural rights, and principles.
viii. The formation of the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Natural Law Jurisprudence Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1530878-natural-law-jurisprudence
(Natural Law Jurisprudence Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/miscellaneous/1530878-natural-law-jurisprudence.
“Natural Law Jurisprudence Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/miscellaneous/1530878-natural-law-jurisprudence.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Natural Law Jurisprudence

Jurisprudence

...?JURISPRUDENCE Module Module ID: Q 4 (Answer Freedom of thought and action appears to be one of the most preferred yearnings of all the creatures at large. Consequently, all existing species long for freedom, by demonstrating tremendous resistance to the incarceration; it is equally applied to the humans, which do not allow any type of confinement and captivity that could create an impediment on the way to exercising their free will. On the contrary, they make resistance against all types of bondages inflicted upon them in one way or the other. The individuals and nations, not demonstrating any signs of resistance to the factors and elements imposing bars on them, lose their liberty eventually; as Call (2002)1 argues that...
12 Pages(3000 words)Essay

Jurisprudence Law

...? Jurisprudence Law Jurisprudence Law Positive law makes a remarkable different approach from the moral necessity law concept. The law should not be a demonstration of internal and external imperatives that should be obeyed, flowing as it does from philosophical and metaphysical essences and urgencies. Law is a social fact and the legal order is different from ethics perplexities. Positive law rests on the conditions of action, command, and sovereignty. This implies that contraventions of commands issued by those in political power is an infraction thereof and allows punishment. The...
8 Pages(2000 words)Essay

Law Discussion: Jurisprudence

...by Men and Women, (Albany, NY: State University of New York Press, 1984). Tamanaha, B.Z. A General Jurisprudence of Law and Society. (Oxford, UK: Oxford University Press, 2001). Articles/Journals Allan, T.R.S ‘Parliamentary Sovereignty: Lord Denning’s Dexterous Revolution.’ (1983)3(1) Oxford Legal Studies, 22-33. Bix, Brian. ‘On the Dividing Line Between Natural Law Theory and Legal Positivism.’ (2000)75(5) Notre Dame Law Review, 1613-1624. George, Robert, P. ‘Natural Law.’ (2008) 31 Harvard Journal of Law and Public Policy. 171-196. Hart, H.L. A. ‘Positivism and the Separation of Law...
8 Pages(2000 words)Essay

Jurisprudence in Law

...). But this keeps away from the predicament of responsibility only by abstaining from (in any case apparently) any grave commitment with normative case. One might ask whether this provides any proper knowledge and information on the nature of law. Somewhat, the objective is to represent legal and social observable facts with respect to each other and in their full opulence and aspects, inquiring and checking conceptions and classes by which legal and societal life are presented as sporadic (Daniel 2001). Legal pluralism has developed as a response to the leading viewpoint of "lawful centralism", explicitly the standpoint that "law is and ought to be the...
3 Pages(750 words)Essay

Jurisprudence (law)

.... These theories raise the question of whether existing universal standards and practices are indeed universal or whether in a social and legal context, long established norms conditioned from a male perspective need re-examination. While the goal of feminist jurisprudence remains the acquisition of equality for women on par with women, can this equality be achieved in the eyes of the law by gender neutral methods of analysis? As highlighted below, through an examination of the theories, it may be noted that it appears that sex is not an issue that can be so dismissed. Liberalism and Equal Rights: According to Janet Rifkin, “In the end, patriarchy as a form of power and social order will not be...
20 Pages(5000 words)Essay

Jurisprudence

...JURISPRUDENCE There was a time during Palaeolithic and Neolithic eras, when man was leading a wild and an anarchic life. There was neither any code of conduct, nor the concept of a code of law prevailing that time. With the growth of his intelligence and intellectual development as well, man started thinking in respect of devising some specific methods to make his environment peaceful, systematic and organized. Thus, the sets of laws and concept of jurisprudence came into existence. “Society develops”, Katers views, “because of the need for people to use the services of others and insure their own security. In order for a society to gain such a reliable reputation, there...
8 Pages(2000 words)Essay

Jurisprudence

...Jurisprudence Introduction Locke John’s social contract (construct) has been under several intense discussions to justify its relevance as far as the field of jurisprudence is concerned. Locke states that: “The great and chief end ... of Men’s uniting into Commonwealths, and putting themselves under Government, is the preservation of their Property. To which in the state of Nature there are many things wanting.”1 Considering the main words in his statement, which are: Men, Commonwealths, Government, Property and Nature, it is possible to understand John Locke’s idea. The Concerns about Men’s Quest for Rulership Locke reckons in his Book...
10 Pages(2500 words)Essay

Law- jurisprudence

...Theory of Utilitarianism Utilitarianism promotes the notion that individuals should develop rational thinking, which it deems to be indispensable forleading a virtuous life. This philosophy was developed by a number of eminent thinkers, such as Jeremy Bentham and John Stuart Mill. Some of the other philosophers who contributed to this concept included Thomas Hobbes, David Hume, and John Locke (Utiliatarianism, 2000). Under this concept, rational self – interest is the fundamental reason for the existence of humans. It is natural for humans to avoid pain, suffering and unhappiness. Self – interests, include the acquisition of pleasure and happiness. A society is a group of individuals who strive hard to obtain the maximum benefit... ...
12 Pages(3000 words)Essay

JURISPRUDENCE LAW

...WHERE THERE IS NO COMMON POWER, THERE IS NO LAW: WHERE NO LAW, NO INJUSTICE.” ............................................................................................................................ 1. INTRODUCTION Thomas Hobbes was the most self- conscious modernizer of all times. All other natural law theorists assumed that man was by nature a social animal but Hobbes assumed otherwise. Coming to Hobbes masterpiece, Leviathan or “The Matter, Forme and Power of a Common-wealth Ecclesiastical and Civil” was the new and modern approach to philosophy was based on what is known as “resolutive – compositive” method1. Armed with this scientific approach...
8 Pages(2000 words)Essay

Natural Law

...ANALYSIS ON HOLMES NATURAL LAW Insert Analysis On Holmes Natural Law Oliver Wendell Holmes, is one of the most vital personality in the United States Supreme court of justice who has made an impact on the modern attitude of law practices and side of jurisprudence. His formulation of the critical analysis of natural law led him to set grounds for modern justice practices and the court rulings. Natural law is a set of rules that have been governing mankind from the time of its origin. These set of natural rules are dictated by men on other men. There are...
5 Pages(1250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Natural Law Jurisprudence for FREE!

Contact Us