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Natural Law Jurisprudence - Essay Example

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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…
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Natural Law Jurisprudence
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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
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