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Questions and Answers
What distinguishes natural law from the law of nature?
What distinguishes natural law from the law of nature?
- Natural law exists independently of human preferences, while the law of nature does not.
- Natural law applies to rational creatures, while the law of nature does not.
- Natural law is derived from reason, while the law of nature is not. (correct)
- Natural law consists of rights like self-defense, while the law of nature does not.
How does natural law compare to conventional law?
How does natural law compare to conventional law?
- Natural law is universally applicable, while conventional law varies among societies. (correct)
- Conventional law is derived from reason, while natural law is not.
- Natural law has jurisdiction over conventional law.
- Conventional law consists of rights like self-defense, while natural law does not.
Which type of conventional law merely restates what natural law declares?
Which type of conventional law merely restates what natural law declares?
- Inquisitive law
- Determinative law
- Prescriptive law
- Declarative law (correct)
What is the purpose of both conventional law and natural law?
What is the purpose of both conventional law and natural law?
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How does conventional law differ from natural law in terms of origin?
How does conventional law differ from natural law in terms of origin?
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In what way is natural law considered 'higher' than conventional law?
In what way is natural law considered 'higher' than conventional law?
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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):
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