Natural Law Theories Semester Test Information

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What is the definition of natural law?

Idea of a higher moral law that positive law must be measured against and must not violate.

What is the focus of natural law thinking?

Elaboration of natural law thinking in Western philosophy.

What are the two great questions in natural law theory?

How do we discover the natural law?

What are the key shifts in natural law thinking?

Ancient -> Medieval -> Modern Signup and view all the answers

What is the status of human law that violates natural law?

Not morally binding (duty to challenge) Not legally binding (no duty to obey) Signup and view all the answers

How is natural law defined in the Greco-Roman / Ancient / Classical perspective?

Natural law is just law, in harmony with the universal laws of nature. Signup and view all the answers

What is the significance of the teleological conception of natural law?

Nature, including human existence, is determined by an overall design, not random but with a specific purpose. Signup and view all the answers

How does the medieval/Christian perspective define natural law?

Divine will / will of God Signup and view all the answers

What is the basis for the modern/secular perspective on natural law?

Necessary conditions of human life / reason Signup and view all the answers

Define Thomas Hobbes' concept of 'state of nature' and explain why he believes a sovereign power is necessary.

A state of nature is characterized as a brutish existence of war, violence, poverty, and isolation. Hobbes believes a sovereign power is needed to respond to this cruel and amoral world and prevent a return to the state of nature. Signup and view all the answers

What are the two main 'laws of nature' developed by Thomas Hobbes?

(1) Seek peace and (2) Enter into social contract. Signup and view all the answers

Explain how John Locke re-interprets natural law in terms of inalienable rights.

Locke re-interprets natural law as inalienable, prepolitical rights that provide an objective moral limit on State power. Signup and view all the answers

How does Locke's state of nature differ from Hobbes' state of nature?

Locke's state of nature is characterized by perfect freedom, rationality, and equality, in contrast to Hobbes' brutish existence of war and violence. Signup and view all the answers

Explain the concept of social contract as described by Thomas Hobbes.

Social contract is when citizens give up power to the State, which then has sovereign power to define what is right and just. Signup and view all the answers

How does Hobbes' view of natural law differ from Locke's view?

Hobbes views natural law as a blueprint for survival and a prohibition on practices that lead back to the state of nature, while Locke's natural law provides inalienable rights that limit State power. Signup and view all the answers

According to Ockham, what does God's will reject in terms of abstract concepts?

Universals Signup and view all the answers

What does Ockham believe about God's will in relation to eternal or natural law?

God's will is both free and absolute, with no eternal or natural law binding God. Signup and view all the answers

How does Ockham view human access to the eternal law?

Humans cannot have access to the eternal law through rational knowledge, only through faith. Signup and view all the answers

What key principles are modern natural law theories based on?

<ol> <li>Human beings have natural needs (protection from harm; material resources; freedom). 2. ???</li> </ol> Signup and view all the answers

What historical period saw the emergence of secular natural law?

17th and 18th century Signup and view all the answers

What intellectual movement led to the need for a new universal foundation for law?

The Enlightenment Signup and view all the answers

Describe the major shift in natural law thinking from the Classical period to the modern era.

From objective duty to adhere to higher laws of justice and the gods to inner conscience of all humans to respect human rights. Signup and view all the answers

Explain the difference between 'negative' rights and 'positive' rights in the context of natural law.

Negative rights protect people from interference and violation, while positive rights imply an obligation to provide certain goods or services. Signup and view all the answers

What is the concept of social contract in the context of natural law theory?

It is the idea that individuals agree to live under a central authority to govern disputes, interpret law, and protect natural rights. Signup and view all the answers

Discuss the implications of the shift from prescribed duty to freedom in natural law thinking.

The shift implies a move from externally imposed obligations to internal autonomy and choice. Signup and view all the answers

How did legal realism critique formalism and positivism in response to natural law?

Legal realism challenged the idea that law could be mechanically applied without considering social context and subjective factors. Signup and view all the answers