6 Questions
What distinguishes natural law from the law of nature?
Natural law is derived from reason, while the law of nature is not.
How does natural law compare to conventional law?
Natural law is universally applicable, while conventional law varies among societies.
Which type of conventional law merely restates what natural law declares?
Declarative law
What is the purpose of both conventional law and natural law?
To protect life, liberty, and property
How does conventional law differ from natural law in terms of origin?
Conventional law is created by human deliberations, while natural law is derived from reason.
In what way is natural law considered 'higher' than conventional law?
Natural law has jurisdiction over conventional laws.
Study Notes
Natural Law
- An unwritten but universal law that is discoverable through reason
- Applies to all rational creatures and exists independently of human preferences and inclinations
- Cross-culturally applicable and consists of rights like the right to self-defense and the right to individual property
- Considered "higher" than conventional law because no conventional law has jurisdiction over it
Conventional Law
- A system created by and for human beings through public deliberations
- Derives from the moral code that is enforceable and varies from society to society and culture to culture
- Has two forms:
Declarative Law
- Simply restates what natural law declares
- Examples: forbidding murder, theft, etc.
Determinative Law
- Fixes ways of acting in accordance with natural law
- Examples: contracts, taxes, traffic, and other types of laws
Purpose of Law
- Both natural law and conventional law exist to protect life, liberty, and property of the group covered by these laws
- Law was needed for reasons including (but not limited to):
Explore the concept of natural law, which suggests that an eternal moral law can be discovered through reason. Learn about its distinction from the law of nature, its application to all rational beings, and its inclusion of rights such as self-defense and individual property.
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