AI and Legal Methods Past Paper PDF

Ramaiah University Of Applied Sciences - YouTube **RAMAIAH UNIVERSITY OF APPLIED SCIENCES** **AI AND LEGAL METHODS** **[TOPIC:]** ROLE OF NATURAL LAW IN SHAPING THE ETHICAL JUDGEMENT AT NUREMBERG **SUBMITTED BY:** HASINI P GOWDA 1^ST^ SEMESTER / 1^ST^ YEAR B.A.LL. B (HONS.) **[ABSTRACT]** T...

Ramaiah University Of Applied Sciences - YouTube **RAMAIAH UNIVERSITY OF APPLIED SCIENCES** **AI AND LEGAL METHODS** **[TOPIC:]** ROLE OF NATURAL LAW IN SHAPING THE ETHICAL JUDGEMENT AT NUREMBERG **SUBMITTED BY:** HASINI P GOWDA 1^ST^ SEMESTER / 1^ST^ YEAR B.A.LL. B (HONS.) **[ABSTRACT]** This assignment deals with Role of Natural law in shaping the Ethical Judgement at Nuremberg. The trials at Nuremberg aims at addressing serious crimes against humanity and morals committed by the third-party rulers i.e. the Nazi officials. In this research, the core concepts of Natural Law are examined, including an emphasis on the significant philosopher's acknowledging every individual\'s fundamental rights and dignity. It looks at how these guiding principles influenced the prosecution of acts of war and crimes against humanity, establishing a legacy that continues to impact modern international law and debates on human rights. The research focuses the long-lasting influence of Natural Law on the search of justice and the establishment of ethical standards in the context of exceptional crimes through this perspective. **[INDEX ]** +-----------------------+-----------------------+-----------------------+ | **SL.NO** | **CONTENTS** | **PAGE NO.** | +=======================+=======================+=======================+ | 1. | Abstract | 2 | +-----------------------+-----------------------+-----------------------+ | 2. | Introduction | 4 | +-----------------------+-----------------------+-----------------------+ | 3. | Historical Background | 5 | +-----------------------+-----------------------+-----------------------+ | 4. | Understanding of | 6-12 | | | Natural Law | | +-----------------------+-----------------------+-----------------------+ | 5. | Application of | 13-15 | | | Natural Law at | | | | Nuremberg | | +-----------------------+-----------------------+-----------------------+ | 6. | Ethical judgement | 16-18 | | | based on Natural Law | | +-----------------------+-----------------------+-----------------------+ | 7. | Critiques and | 19-20 | | | Counterarguments | | | | against Natural Law | | +-----------------------+-----------------------+-----------------------+ | 8. | Conclusion | 21 | +-----------------------+-----------------------+-----------------------+ **[INTRODUCTION]** A landmark event in international law and ethics, the Nuremberg Trials took place following World War II and established an example for how the world addresses crimes of this form. These tribunals were far more than just court cases; they represented a serious moral examination of the horrors carried out by the Nazi government. Natural Law, a philosophical theory that holds that some rights and moral principles are intrinsic, universal, and observable by human reason, was invoked as a central argument in these trials. The positivist legal systems of that time, which had been unable to stop the millions of people who were being killed one by one, were in opposition to this idea. The moral guidelines for the prosecution of crimes against humanity, war crimes, and crimes against peace were established by Natural Law. It illustrated how every person has inherent worth and rights that go beyond the boundaries of human legislation. The trials aimed for more than just punishment; in addition, they sought to establish a greater level of justice that addressed the value of human life and the immorality of the Nazi leader\'s actions. Through an analysis of significant judgements and the philosophical foundations of the legal proceedings, this research emphasizes the long-lasting influence of Natural Law on global legal principles and the quest for fairness. Sustaining moral and ethical standards in the face of extreme injustice is crucial, and the Nuremberg Trial's legacy continues to influence modern-day views of justice and human rights. **[HISTORICAL BACKGROUND]** The global conflict that involved most of the world\'s nations: World War II it started in 1939 and lasted up to 1945. The Holocaust, in which the Nazi regime deliberately murdered millions of other minorities in addition to six million Jews, was one of the war\'s major atrocities[^1^](#fn1){#fnref1.footnote-ref}. In reaction to these atrocities the Nuremberg Trials were held. The Allied powers---the United States, Great Britain, France, and the Soviet Union---met in London after the surrender of Nazi Germany in May 1945 to draft the Nuremberg Charter. An international tribunal was established by this charter to try and convict prominent war criminals from the Third Reich. The purpose of the trials was to prosecute Nazi officials for crimes against humanity, war crimes, and crimes against peace.[^2^](#fn2){#fnref2.footnote-ref} The first trial was held from November 20, 1945 to October 1, 1946. The defendants were high ranked officers of Nazi government, military leaders, industrialists who were accused of creating the Holocaust and other war crimes. Setting an example for international law and justice, the Nuremberg Trials highlighted the significance of holding people accountable for their actions, especially in times of war. **[UNDERSTANDING NATURAL LAW]** According to the philosophical theory of natural law, it is divine, everlasting, and unchanging. It also says that you can only learn about God\'s deeds through human nature; no one else can tell you what they are. Human nature is the source of Natural Law. The Precepts (elements) of Natural Law are: 1. Self-Preservation 2. Procreation and education to offspring's 3. Knowledge of life and god (which is unique to humans) Key elements of Natural Law are: 1. Universal Moral Principles: Fundamental ideas about right and wrong that are applicable to all cultures and historical periods. Natural Law is based on the notion that certain moral precepts are universal and hold true for all people, irrespective of their background, location, or culture. These values, which emphasize intrinsic, self-evident, and unchangeable rights and wrongs, are drawn from reason and nature. Consider it as an ethical sense that directs people\'s actions.[^3^](#fn3){#fnref3.footnote-ref} 2. Human Rights: Inalienable rights to life, liberty, and the pursuit of happiness that belong to all people. The idea of fundamental human rights is central to Natural Law. All people have these rights just by virtue of being human. They consist of the freedoms of existence, freedom, and the pursuit of happiness. All legal frameworks must uphold and defend these rights, which are regarded as unalienable.^3^ 3. Justice: Preserving equity and impartiality grounded in these basic ethical principles, recognizing the inherent worth of every person. According to natural law, justice is about treating everyone fairly and according to moral standards that are deeply rooted in them. It emphasizes justice, equality, and the inherent dignity of every individual, beyond the bounds of human-made legislation. By ensuring that laws and policies uphold moral principles that are applicable to all people, the concept of justice aims to advance the common good.^3^ - ***Jurists of Natural Law:*** 1. **[Aristotle (384-322 BCE):]** He is the main Jurist of natural; he is also known as the founding father of Natural Law. In his perspective nature and ethics are the foundation of Natural Law; Living in harmony with nature and reaching happiness, or human flourishing, represents what Aristotle meant by natural law. In his essay "Nicomachean Ethics," he makes the argument that there are a few moral principles and virtues that are universal and fundamental and can possibly be achieved by reason.[^4^](#fn4){#fnref4.footnote-ref} According to his theory of teleology, everything in nature has a purpose, for people, that purpose is to lead a life filled with morally upright behaviour. Aristotle fundamentally believed that Natural Law, which is based on human reason and the natural order, is a means of achieving the highest good. 2. **[Thomas Aquinas (1225-1274):]** His perspective of Natural Law is rooted into the Christian theology; he believed that the Natural Law is a part of Eternal law- the divine wisdom that governs the universe and it is accessible to human reason. He states that through Human's natural mind they sometimes take up wrong decisions, so God controls us through Eternal Law since we can't rely on Humans alone -- This is the way in which Natural Law is a part of Eternal Law.[^5^](#fn5){#fnref5.footnote-ref} Aquinas described 4 types of law: i. Eternal Law: The divine which governs the whole universe and it is governed by God. ii. Natural Law: It is a part of Eternal Law that is applicable to human behaviours and actions iii. Divine Law: The laws which are given by God iv. Human Law: The laws which are created by Human societies to regulate behaviour and actions According to Aquinas, Natural Law is based on a fundamental idea that right or good are to be pursued and wrong or evil are to be avoided and these are inherent quality of humans given by the God. - **Renaissance Theory:-** This theory develops with the emergence of new classes in different societies due to this there were new demands and these demands led to the formation of government to govern the people and their different demands put forward and the debates of "how the government should be? And how it should function? And how much power should people hold? Etc" led to the emergence of "Social Contract Theory". 3. **[Thomas Hobbes (1588-1679):]** He believes that Natural Law is a set of rules that come from reason and guide people\'s behaviour and actions. He thinks that, to the highest degree possible, seeking and preserving peace is the fundamental law of nature and to do so we must transfer our power to the sovereign, this ensures peace in the society. In 'Leviathan,' Hobbes discussed that Life is short, brutish, nasty, poor etc and to all humans are selfish; in order to escape from this and gain safety we should surrender all our rights to the sovereign or the government. [^6^](#fn6){#fnref6.footnote-ref} 4. **[John Locke (1632-1704):]** His perspective on Natural Law deals with the idea that there are certain rights (fundamental rights) and moral principles that are inherent in humans and they can be seen and understood by mere reasoning which are again inherent to humans. In hypothetical condition he states that people are free and they are governed by Natural Law; people have freedom to act unless it doesn't infringe other's right [^7^](#fn7){#fnref7.footnote-ref}. According to Locke, in hypothetical situation, humans live in peace and harmony -- they had autonomy and to keep maintaining this autonomy the people should only give away few rights to the sovereign and keep few powers which are fundamental rights with ourselves.^7^ He tells that people can control government i.e. people can remove the existing government and form a new one if the government fails to protect natural rights. 5. **[Hugo Grotius (1583-1645):]** He argued that Natural Law is independent of Divine Law and it is understood only by Human reasons; this view tied Natural Law closely to the religious principles. He believes that principles like justice are inherent to humans and it is applicable in all societies and these principles guide the behaviours of humans and this is fundamental basis of Natural Law; it should be respected by all legal systems[^8^](#fn8){#fnref8.footnote-ref}. According to his work, humans are bound by the duty to follow all the rules made by the government without any condition and people can voluntarily choose their leaders and surrender their rights to them and it also laid a basis for International Law in modern-day by applying Natural Law. 6. **[Jean-Jacques Rousseau (1712-1778):]** His perspective of Natural Law was discussed by him in his works of Social Contract Theory; he deviated from the traditional approach of Natural Law and used it to discuss about status-quo and perpetuate inequality. He relied on "General Will" -- collective will of people rather than Natural Law; he said freedom and equality are achieved when people act according to their General Will.[^9^](#fn9){#fnref9.footnote-ref} According to Rousseau, in the hypothetical situation humans lived harmoniously and equality was present in the society since the community was guided by general will and humans have surrendered their general will to the government for the community interest[^10^](#fn10){#fnref10.footnote-ref}. - ***Modern Jurists of Natural Law:*** 7. **[John Rawls (1921-2002):]** He rather than openly supporting the traditional structure of natural law, Rawls's writings on justice indicated natural law from a different perspective. Entitled \"anti-perfectionism,\" Rawls put forth a simplified version of Natural Law theory, he maintained that political ideals should to be impartial and should not impose any one broad definition of what constitutes a decent life.[^11^](#fn11){#fnref11.footnote-ref} He said that government should govern the people with the principles of Justice and Fairness; mere moral principles are not sufficient but political concepts are important since they are to be applied in all social and political institutions. Basic Foundations drawn from Rawls works are: i. Equality among equals- It an equity concept where equal people should be treated equally. ii. Socio-economic Inequalities: Classes are arranged in a manner where everyone is at an advantage in a reasonable thinking. 8. **[John Finnis (1940):]** His perspective of Natural Law is based on Traditional approach given by medieval age philosophers such as Aristotle and Thomas Aquinas but he also adds a bit of modern approach to it. He tells that basic human needs are the foundation of Natural Law; human's practical reasonableness by which we can determine the basic needs or goods for humans is the central idea of Natural Law. [^12^](#fn12){#fnref12.footnote-ref} According to Finnis, the central idea of Natural Law gives an absolute guide to provide framework for ethical decision making which has a foundation of basic human needs or goods. He provided 2 set of Principles: i. Basic Values ii. Practical Reasonableness **[APPLICATION OF NATURAL LAW AT NUREMBERG ]** In the Nuremberg Trials, the Natural Law was also applied to judge majority acts of the Nazi Officials, this was a significant development in the legal history. The central idea of this trials was Natural Law which states that some moral values and principles are inalienable and they are universal. In the trials, the prosecution had to often cite about Natural Law because many acts done by the Nazi Officials were legal under the legal framework of Nazi rule / Third Reich but they rejected many moral principles and ethical values which are universally accepted. The defendants in the trials often referred to Legal Positivism to support their claim that they were just abiding by rules and regulations of their Nation. The reference of Natural Law was regarded as a win over the Legal Positivism, even though the justification was rejected. The Nuremberg Trials essentially brought attention towards the conflict between Natural Law and Legal Positivism, the trials held at Nuremberg showcases that though the acts of Nazi Officials were legal according to their Nation's legal framework, the acts are still condemned as immoral and unethical since they over-rule certain values and principles that are universally regarded. - ***Few Instances where the Natural Law was applied at the Nuremberg Trials:*** 1. **[Responsibility of an Individual]**[^13^](#fn13){#fnref13.footnote-ref}**[:]** In the trials, prosecution argued that every individual has a duty to care and an individual cannot just blame the state or the superior orders or the nation's legal framework for their actions and escape the responsibility which is inherent in humans. The above-mentioned argument is connected to Natural Law that every individual has an inherent responsibility. 2. **[Crimes Against Humanity:]**[^14^](#fn14){#fnref14.footnote-ref} The Nazi Officials committed atrocities against civilians, Jews etc this includes genocide and mass murder, so the idea of crimes against humanity was used to prosecute the Nazi Officials for their actions. The above-mentioned concept is rooted in Natural Law; where few actions are considered wrong/ wrongful act and they are to be punished and disregarded. 3. **[Nuremberg Charter:]**[^15^](#fn15){#fnref15.footnote-ref} The charter provided a legal right to the Trials and it includes crimes such as crimes against humanity, war crimes, etc which are considered as crimes universally and persons committing it has criminals. The Nuremberg Charter was established by the influence of Natural Law. 4. **[Following the Superior orders]**: The defendants or the witnesses called to examine claimed that their actions were their obedience to the superiors and they just did as they said so; their actions were not in their hands as it was the orders they got, to counterpart the defence, the prosecution cited Natural Law and argued that it is mere human duty to refuse immoral and unethical acts. The above-mentioned human duty to refuse immoral and unethical acts is a theory given in the Natural Law. 5. **[The Judgment of the Tribunal]**[^16^](#fn16){#fnref16.footnote-ref}**[:]** In the final judgment, the Tribunal highlighted the concept of justice, humanity, moral, ethics, etc, are universal and they cannot be undermined in any legal framework. The statement made by the Tribunal was regarded as the influence from the Natural Law. **[ETHICAL JUDGMENT BASED ON NATURAL LAW]** - ***Cases where Natural Law was cited and used in Judgments***[^17^](#fn17){#fnref17.footnote-ref}***:*** 1. **[Ernst Janning\'s Confession:]** Despite the Nazi government gave legal approval for Dr. Janning\'s acts, Burt Lancaster\'s representation of the doctor finally acknowledges his guilt and the immorality of his deeds. His acknowledgement emphasizes the idea that justice is based on fundamental moral principles and that natural law surpasses laws created by humans. 2. **[The Sterilization Case:]** The tribunal considers the case of the forced sterilization of people who the Nazis considered to be \"unfit\". The ruling highlights how these acts are against natural law and fundamental human rights, which state that each and every person has the right to bodily integrity as well as intrinsic dignity. This is was seen evidently in the case of Rudolph Petersen, in which the tribunal held that it is injustice in accordance to the universal ethical principle and the tribunal reaffirms the idea that these injustice caused must be opposed and every individual has a right dignity and protection. 3. **[The Irene Hoffmann Case:]** Irene Hoffmann, testifies about the unfair persecution she and her family endured. The tribunal\'s answer to her testimony serves as more evidence that laws that require or allow this kind of persecution are inherently unfair and go against the equality and justice principles found in natural law. 4. **[The Feldenstein Case:]** Feldenstein a innocent Jewish man was sentenced to death based on his ethnicity and fabricated accusations during Nazi regime. The prosecution argued that the judge who sanctioned this should be held liable for his/her action on the moral and ethical grounds. The tribunal said that such acts are termed as crime universally. 5. **[Emil Hahn's Defence:]** Hahn defended that his actions were just the obedient following of the orders given by his superiors and he was just following his duty since it is what mentioned in the legal framework of his Nation i.e. the duty of soldiers to follow the duty of superior's orders. The tribunal rejected this defence and said that it is an individual's duty to refuse an unmoral action and this stands beyond the legal framework; this was a concept of Natural Law - ***Moral implications of the Judgment at Nuremberg:*** 1. **Justice**: The goal of the trials was to provide Justice but capital punishment arises a question whether the whole process of the trials was retribution or seeking justice. 2. **Moral Responsibility**: In the trials many Nazi officials were held saying that their actions were mere obedience to the orders; the tribunal said that these people also had a moral responsibility towards the wrong happening through their actions. 3. **Universal Human Rights**: Even though the punishments given were meant to provide few rules and regulations or norms for human values, the moral position of the state's authority to take a life of a person makes universal human rights complicated. 4. **Precedent for International Law**: The trials held at Nuremberg sets a large basis or foundation to the modern-day international laws. 5. **Victims Perspective**: For few victims, severe punishments were given like death penalty; here a question was raised that whether capital punishment serves justice or it perpetuates violence. **[CRITIQUES AND COUNTERARGUMENTS OF NATURAL LAW AT NUREMBERG TRIALS]** - ***Critiques of Natural Law:*** 1. **Subjective Interpretation**: The defendants in the trial argued that the Natural Law principles, theories, etc, were based on a individual's belief system and it is subjective. For instance, in the case of Emil Hahn that he was following orders which was mentioned in the legal framework, establishing that how natural law principle can conflict with this. 2. **Lacking of Concrete Standards**: The Natural Law lacks the concrete standard which is present in the Legal Positivism. This was prominent in the trials when the defendants were arguing about them following in laws and this rises the question of how can they merge these laws with Natural Law. - ***Alternative theory of Natural Law***: ***Jurists of Legal Positivism***[^18^](#fn18){#fnref18.footnote-ref}***:*** 1. **[Jeremy Bentham (1748-1832)]**: According to him Natural Law is completely nonsense and understandable by proper reasoning and he also mentions that there is no such thing called "social contract" and if it ever existed in the past then it doesn't bind well in the present era. 2. **[John Austin (1790-1859)]**: He rejected Natural Law and told it is ambiguous and misleading and "social contract" never existed. He denies the theory that the government runs through the people and people follow the law through habit and obedience. **[CONCLUSION]** The Nuremberg Trials influences modern-day discussions and arguments of International Law and Human Rights in the following ways: 1. **[International Criminal Law]**: The trails provided a precedent for prosecuting crimes against humanity, war crimes which lead to the creation of International Criminal Court (ICC). 2. **[Universal Human Rights]**: The trails held at Nuremberg gave their contribution towards the formation of Universal Declaration of Human Rights (1948) which in turn gave establishment to fundamental rights in a global level. 3. **[Moral Accountability]**: The trails emphasised on the principle that an individual can be held liable for their acts if they ever infringe upon the other persons rights and if their acts are immoral and unethical. ::: {.section.footnotes} ------------------------------------------------------------------------ 1. ::: {#fn1} [Nuremberg Trials ‑ Definition, Dates & Purpose \| HISTORY](https://www.history.com/topics/world-war-ii/nuremberg-trials?form=MG0AV3)[↩](#fnref1){.footnote-back} ::: 2. ::: {#fn2} Bloxham, D. (2003). British War Crimes Trial Policy in Germany, 1945--1957: Implementation and Collapse. Journal of British Studies, 42(1), 91--118. [↩](#fnref2){.footnote-back} ::: 3. ::: {#fn3} George, R. P. (2009). Natural law. In Oxford University Press eBooks (pp. 399--413)..[↩](#fnref3){.footnote-back} ::: 4. ::: {#fn4} Aristotle, \"Nicomachean Ethics,\" trans. W. D. Ross (Oxford University Press, 2009).[↩](#fnref4){.footnote-back} ::: 5. ::: {#fn5} The Theology of Thomas Aquinas. (2005). *Choice Reviews Online*, *43*(02), 43--0894. [↩](#fnref5){.footnote-back} ::: 6. ::: {#fn6} Schmitt, C. (1996). *The Leviathan in the State Theory of Thomas Hobbes: Meaning and Failure of a Political Symbol*. [↩](#fnref6){.footnote-back} ::: 7. ::: {#fn7} Locke, J. (1988). John Locke Two Treatises of Government. In *Cambridge University Press eBooks*. [↩](#fnref7){.footnote-back} ::: 8. ::: {#fn8} Chroust, A. (1943). Hugo Grotius and the Scholastic Natural Law Tradition. *New* Scholasticism, *17*(2), 101--133. [↩](#fnref8){.footnote-back} ::: 9. ::: {#fn9} Rehm, Michaela. \"Obligation in Rousseau: Making Natural Law History?\" JSTOR, 2010. [↩](#fnref9){.footnote-back} ::: 10. ::: {#fn10} Rousseau, Jean-Jacques. \"The Social Contract.\" Translated by G. D. H. Cole, Penguin Books, 1968.[↩](#fnref10){.footnote-back} ::: 11. ::: {#fn11} *Study* Guide *for John Rawls \| Natural Law, Natural Rights, and American Constitutionalism*. (n.d.). [↩](#fnref11){.footnote-back} ::: 12. ::: {#fn12} Rickett, C. (1981). Natural Law and Natural Rights. By John Finnis, Oxford. (Clarendon Law Series.) [↩](#fnref12){.footnote-back} ::: 13. ::: {#fn13} Murray, J. B. (2014). *Natural Law and Legal Positivism in the Nuremberg Trials*.[↩](#fnref13){.footnote-back} ::: 14. ::: {#fn14} Ikenberry, G. J., & Robertson, G. (2000). Crimes against Humanity: The Struggle for Global Justice. *Foreign Affairs*, *79*(6), 173. 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