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Understanding Natural Law Theory

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Questions and Answers

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?

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?

Inquisitive law

Determinative law

Prescriptive law

Declarative law (correct)

What is the purpose of both conventional law and natural law?

To protect life, liberty, and property Signup and view all the answers

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. Signup and view all the answers

In what way is natural law considered 'higher' than conventional law?

Natural law has jurisdiction over conventional laws. Signup and view all the answers

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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Description

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.