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Natural Law Theory (Developmt of natural law thinking (St Thoman Aquinas…
Natural Law Theory
Nature of the doctrine
The adherent of natural law believes that beyond, and superior to, the laws made by man are certain higher principles, the principles of natural law. These principles are immutable and eternal.
To the extent that man-made law conflicts with natural law, it lacks validity: it is not a valid, binding law at all.
Hart: Natural law is 'the theory that there are certain principles of human conduct, awaiting discovery by human reason, with which man-made law must conform if it is to be valid'.
Subscribers to this doctrine base their case on an appeal to conscience, to a code that stands above man-made law, to a higher morality, to standards that have universal validity and applicability.
'Natural' law
Discoverable by reason
The truths of natural law are ascertainable by man though the exercise of the reason with which he is by nature endowed.
Natural law is that which furthers the attainment by men of the ends that nature has made it man's nature to seek to achieve.
Natural law ordains that society should be ordered in such a way as to assist man in fufiling his purpose.
Natural law comprises a body of permanent, eternal truths, truths embodying precepts of universal applicability, part of the immutable order of things, unaffected by changing human beliefs or attitudes.
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