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Natural Law and America's Legal System, 2007.
An analysis of how natural law impacts the legal system in the United States.
1,156 words (approx. 4.6 pages), 5 sources, MLA, $ 39.95
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Abstract
This paper presents an examination of how natural law impacts the American legal system. The paper provides a general overview of natural law and then explores how natural law applies to the current legal system in the United States. It argues that the natural law helps to drive the current system and describes how this is true.
Table of Contents:
Introduction
Natural Law
Natural Law and the American Legal System
Conclusion
From the Paper
"Natural law in its most simple form, is the unwritten law of mankind. It is a concept of principle morals and values that are, or at least should be shared by all of mankind because of the central goodness of their concept. (Horowitz, 2000)"
"Natural law is therefore distinguished from -- and provides a standard for -- positive law, the formal legal enactments of a particular society (Dolhenty, 2004)."
One example of this is the belief that killing is wrong. There are few humans or societies on earth that would disagree with the basic tenet that the murder of another person without reason is wrong. (Green, 2005) It takes a loved one from a family, it removes financial support from children, it takes someone out of society that may have moved on to contribute great things and if one is Christian, then the act of murder is something that God does not allow. It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God."
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Natural Law vs. Legal Positivism, 2006.
An argument that natural law is superior to legal positivism.
1,350 words (approx. 5.4 pages), 4 sources, $ 53.95
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Abstract
In an increasingly secular world natural law has frequently fallen under intense scrutiny. This paper, however, argues that natural law is superior to legal positivism and stands up well to three common criticism leveled against it; first that natural law is at least as subjective as any statute passed by legal positivists, second that natural law can impress a certain more absolutism and dogmatism upon the crafting and interpretation of the law which is inherently unhealthy in evolving societies, and thirdly that natural law is predicated upon faith and not upon reason as is the positive law tradition.
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Legal Positivism vs. Natural Law Theory, 2005.
Examines and compares these two theories of philosophy of law.
1,353 words (approx. 5.4 pages), 5 sources, MLA, $ 45.95
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Abstract
In the philosophy of law, two competing factions each offer compelling arguments as to the basic nature, origin, authority and responsibility of law. These two theories are known as Natural Law Theory and Legal Positivism. This paper shows that while there are many disagreements between the two theories, at the heart of the argument is the questionable relationship between law and morality. The paper examines how Natural Law Theorists argue that there is an essential and innate overlap between law and morality, while Legal Positivists argue that while the decisions of law and morality do occasionally overlap, there is no natural relationship between them.
From the Paper
"Legal Positivists rely on a sovereign to legislate law; this sovereign,
whether it be a monarch, an aristocracy, an elected parliament, or any other person or body that writes the law for a society. For a sovereign to be considered as such, most, if not all, of the population must follow the sovereign's laws, and there must be a threat of force to enforce the law. If either of these conditions are not met, the leader cannot claim to be a true sovereign entity. Also, the sovereign cannot be subject to another sovereign's authority, such as God; if a sovereign is to be the head of a society and the maker of laws, she must be invulnerable to persuasion or else she is not a sovereign."
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Natural Law, 2006.
An overview of philosophical interpretations of natural law and the problems surrounding this issue.
1,411 words (approx. 5.6 pages), 6 sources, MLA, $ 47.95
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Abstract
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 natural law and provides a viable solution. The paper concludes that one can safely assume that correct interpretation of the natural laws lies in the guidelines of the Divine Law.
Paper Outline:
Statement of the Problem
Introduction
Review of Related Literature
Methodology
Collection of Data
Results
Conclusion
Bibliography
From the Paper
"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)."
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Natural Law and Canada, 2005.
Examines how the natural law perspective has influenced Canadian laws and lawmakers.
1,350 words (approx. 5.4 pages), 3 sources, $ 53.95
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Abstract
It is indisputable that the natural law perspective has had a powerful influence on Canadian laws and lawmakers. However, some theorists believe that in today's multicultural and diverse societies, natural law is no longer relevant. It is argued in this paper that this is not accurate, and that the natural law perspective continues to have a powerful influence on Canadian laws and lawmakers. It shows, however, that other perspectives also have an influence.
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Natural Law, 2002.
A discussion of the concept of natural law, illustrating a number of different approaches to this concept.
1,450 words (approx. 5.8 pages), 2 sources, MLA, $ 48.95
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Abstract
This paper describes the ancient concept of natural law, which is derived from knowledge of the nature of man. The paper provides a few different approaches to the concept, discussing, among others, Plato and Aristotle's views and beliefs of this issue. The social, political and moral aspects of natural law are examined.
From the Paper
"Natural law requires a minimal moral content as a prerequisite for viewing something as in contravention of the law, while the positivist school holds that the law is whatever the state (in whatever form that exists) says it is. The concept of the natural law has the advantage of being based on something immutable, though admittedly morality may differ somewhat from one society to another. The concept of natural law was first developed in the Greek world and has been carried through to the present day. There are a number of different approaches to this concept. The Graeco-Roman tradition held that there was a natural law that was accessible to mankind through reason. Christian theorists adopted aspects of Cicero's Stoic philosophy, an example of natural law, because of its emphasis on moral content. The Christian legal philosophy that developed was in many ways a fusion between the fundamental Christian teachings and the adapted teachings of the Stoics. Natural law is the belief that there is a higher law than that of a government and that any law to be written by a government must be compared to and brought into line with natural law. This higher law is considered universally valid, and it is reached or perceived by the application of human reason."
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Natural Law and Plato, 2002.
An overview of Plato's theory of natural law from his work the "Republic".
2,650 words (approx. 10.6 pages), 3 sources, $ 97.95
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Abstract
This paper will explore the area of natural law in the context of a discussion of Plato, and specifically, from his seminal work known as the "Republic". As well this paper analyses and presents the dominant strain of law in the modern context. This paper also focuses on the theory of 'rules' and 'legal positivism'.
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John Locke's Theory of Natural Law, 2001.
An analysis of philosopher and politician John Locke's Theory of Natural Law and how this contributed to the pre-Enlightenment era of the seventeenth and early eighteenth centuries.
1,050 words (approx. 4.2 pages), 2 sources, MLA, $ 36.95
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Abstract
This paper looks at this philosophy whereby Locke?s perception of mankind was an extremely optimistic one, and he viewed natural law and the state of nature as being where all men are naturally moral and reasonable, and are born free, equal and possessing the inalienable rights to protect their life, their freedom, and their property.
From the Paper
""Nature is a state of perfect equality amongst all men. In this state, no one man has more power or jurisdiction than any other man." (Locke 1690)
John Locke (1632 - 1704) was a qualified physician and a respected Oxford academic, in addition to being one of several political philosophers who focused on the theories of natural rights and natural law during the pre-Enlightenment era of the seventeenth and early eighteenth centuries. Locke?s theory of natural law, and of the aims and purposes of government, were detailed in his work, ?Two Treatises of Government? (1690), and proved to be influential, not only in Britain, but across the world, especially in America, where his views formed the foundation of the Declaration of Independence and the American system of government."
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Natural Law According to Thomas Hobbes and St.Thomas Aquinas, 2000.
The following essay discusses the existence and meaning of natural law.
1,380 words (approx. 5.5 pages), 2 sources, APA, $ 46.95
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Abstract
The following paper examines why many theorists reject the existence of natural law as well as why many agree to its being defined as a set of innate moral principles which are common to all human beings. It is the aim of this paper to identify and discuss the important similarities and differences that exist between the two theories making reference to the theories of Thomas Hobbes (1588 - 1679) and St.Thomas Aquinas (1224/25 - 1274).
From the Paper
"Aquinas proposed that the essential quality setting human beings apart from the rest of the animal world was that of reason. In a development of Aristotle's theory.Aquinas asserts that all men naturally possess an internalized divine spark of reason,which serves as the guide to an autonomous and responsible decision making process."
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Natural Law Jurisprudence, 1972.
This paper discusses natural law as a philosophical foundation.
1,575 words (approx. 6.3 pages), 16 sources, $ 55.95
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From the Paper
"The idea of natural law is based on a belief that there exists a moral order which every normal person can discover by using his reason. Its role is "to provide a concept of human nature and justice to serve as the rationale for the legal and social system of society,". and its "primary concern . . . is with justice and the moralization of power.".
There is in men, even when they are powerful, some natural inclination to act accordingly to reason in what conditions their power. That is, they naturally seek to establish the legitimacy of their power and also to have their uses of it publicly recognized as legitimate. They are naturally disinclined to appear to themselves or to others as unreasonable, as men who do not act according to virtue, as "unnatural" men."
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Natural Law and Homosexuality, 2002.
A discussion of "what is natural" as viewed by the philosophers Burton M. Leiser and James Rachels.
1,360 words (approx. 5.4 pages), 2 sources, MLA, $ 45.95
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Abstract
The paper gives the opinions of both philosophers regarding natural law and homosexuality and addresses the Christian conception of natural law. Further, the paper asserts that many of the claims for a source for natural law are descriptive and are then distorted into something prescriptive. The paper concludes that natural law is not "natural" at all but is an artificial explanation for why certain behaviors are classified as unnatural.
From the Paper
"When we say something is unnatural, however, there is no objective measure for this term. Man-made laws emerge from the social contract, the mythical agreement by which society was created and by which those who join society agree to abide by its laws. Thus, we know what a law is, we know what breaking a law means, and we do not argue about whether we ought to obey or not because we have accepted this precept as part of the social contract. We are all part of society, so we are all subject to society's laws."
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From Natural Law to Human Rights, 2006.
This essay explores how human rights grew from natural rights.
4,511 words (approx. 18.0 pages), 12 sources, MLA, $ 117.95
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Abstract
In this article, the writer declares that early proponents of natural law argued that people have common sense and are born with an intuitive knowledge of right and wrong. This paper discusses that human rights are those rights that are based on human nature. The writer examines how human rights grew from natural rights. It argues that conceptions of right and wrong are not based on an unchanging, eternal order, but are negotiable; that is, open to revision as the years go by and times change. It is seen, for example, how women and children have used natural rights arguments to gain rights that formerly were denied them.
The writer concludes that human rights have evolved from natural law and natural rights and that human rights are intimately connected to morality and ethics.
Outline:
Introduction
Natural Law and the Concept of Rights
Changing the Law in Response to a New Moral Awareness
Human Rights for Women
Juvenile Death Penalty
Rights versus Utilitarianism
Conclusion
From the Paper
"More than anyone else the philosopher John Locke influenced the shape and form of democracy in the United States. He argued that human beings have certain fundamental rights, which governments cannot take away. He argued that no individual has a natural right to rule over others, and that a person's natural state is a state of freedom. Freedom, he explained, was not the same as license or permission to do whatever one wants; rather, freedom is based on the "law of reason which places precise limits on our behavior". Not everyone is able to enjoy their natural rights because other people and the government sometimes violate them; therefore, Locke suggested that men assemble and choose leaders who can be trusted to protect their natural rights. The primary function of government ought to be to protect the natural rights of its citizens, to protect citizens from other states, and to establish and maintain internal order. He suggested that oppressive governments (governments that had broken trust with the people) could, and should, be overthrown; in other words, sometimes, revolution is justified--especially if the government violates the natural rights of its citizens. In questions where natural rights are not the issue, then the will of the majority should prevail. His ideas profoundly inspired the Founding Fathers and the Declaration of Independence; moreover, the Constitution was written mainly to protect the people's rights from government interference, to insure internal order, and to establish defense."
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Gender Concerns and the Legal System, 2002.
Examines gender issues in the American legal system.
2,375 words (approx. 9.5 pages), 11 sources, APA, $ 72.95
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Abstract
It is not until very recently during this century that women have looked to the legal system for support and assistance in their struggle for equality. The legislative background, including the Civil Rights Act, has provided a foundation for women to look to the courts for redress of their grievances. However, there remain problems within the legal system, including problems in civil rights law, arbitration, and mediation.
This paper provides a descriptive study of the state of gender issues in the American legal system, with a specific look at the increased use of mediation and arbitration to settle such problems as domestic violence and child custody. This type of settlement has increased and many feminists contend that mediation and arbitration automatically place women at a power disadvantage.
From the Paper
"One of the problems is that mandated mediation is beginning to be an important element in family law, specifically with domestic violence and custody disputes (Thoennes, Salem and Pearson, 1995). In these instances, feminist scholars contend that mandated mediation puts women in a one-down position. They are considered to be vulnerable in the mediation process and likely to lose power and position within it. Although the courts have not always empowered women who have suffered domestic violence either, the mediation situation is viewed as even more likely to lead to unjust results (Hart, 1990)."
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John Locke's Theory of Natural Law, 2002.
An examination of the premises that Locke bases his theory upon.
1,125 words (approx. 4.5 pages), 2 sources, $ 39.95
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Abstract
Examines premises that Locke bases his theory upon. Law of God and Civil laws. Belief in superior power of God. Why man's laws can be changed, but not God's. Natural law and the state of nature. Locke's theory of property & property rights. Rule of common reason & equity. Discusses how Locke's 17th Century theory can be applied, or not applied, to the complex modern world.
From the Paper
"John Locke's Theory of Natural Law
Natural law, as Locke saw it, was something above and beyond laws made by Man. "He is quite confident that civil laws do not necessarily oblige the individual conscience, but he maintains there is a law of God which forbids 'disturbance or dissolution of governments'" (Laslett, 1999, p. 35). It is interesting to note that this sort of "natural" law's premises were founded on the belief in the superior power of God, and that God, literally as well as figuratively, created governments that rule, and laws that regulated that rule. It may be obvious, then, that America's Pledge of Allegiance, refers to "one nation under God"- which seems a direct descendant of the idea of natural laws as developed in the seventeenth century, a hundred years before the idea of an American democracy became fact."
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Three Legal Systems, 2006.
This paper compares the Common Law system, the Civil Law system and the Islamic Law system.
2,475 words (approx. 9.9 pages), 3 sources, $ 97.95
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Abstract
This paper discusses three major legal systems. The legal systems discussed are: The Common Law system, the Civil Law system and the Islamic Law system based on Shari'ah. The Common Law system is discussed in relation to the United States and England while the Civil Law system is discussed in relation to the European continent. Finally, Islamic Law is discussed primarily in terms of its application throughout Islam.
From the Paper
"The nature of law has been a hotly contested subject ever since Hammurabi first had his code carved in stone circa 1775 B.C. (Deffains & Kirat, 2001, p.19). Since then, law has been subjected to myriad interpretive analysis, written, rewritten and canonized in various ways: Islamic Law associated with Shari'ah, the Common Law of England and the United States and the Civil Law structures found across most of Europe. The only common dialectical thread through all these historical bodies of law and legal systems, both current and past, is that law is not an exact science."
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