Death is coming

The closer death creeps up upon me the less I am able to understand the reasons for life or living.

Yes I have experienced a close family member dying and unlike television it takes decades to handle such a thing. To think I am going to put my family through such a thing when I finally leave is more horrific to me than the thought of death itself.

My life was and is still a learning experience but when all said and done what am I to do with all this accumulated learning over my lifetime if I just die. There is no logic or reason to this.

Long ago I became aware that the God story that is sold to the majority is just a nice story to give mankind with a message of a basic layout of how nice life could be if everyone followed these ideas. Not many in life do and if one thinks about it the good and evil structures actually depend on each other. The good that can be experienced in life is only understood as good when there is it's opposite to compare it to. This is not rocket science only common sense in reality. I am not saying we need to experience bad but understanding in it is needed to appreciate the great things many of us can have in our lives. From birth to death there are many ways mankind helps his fellow man. How many ways can you help?


Saturday, June 25, 2011

Shedding Light on Natural Law Theory

By Jane Claire


In attempting to garner an understanding of the nature of law, early legal philosophers and academics formulated what has come to be known as the natural law theory, and has become a literal cornerstone of the development of modern legal thinking. Although somewhat limited in modern jurisprudential thinking, natural law has had a tremendous impact on our understanding of what law means in society as a baseline from which to build more complex theories. In this article, we will look at some of the major propositions underpinning the concept of natural law, and the corresponding strengths and weaknesses of this fundamental interpretation of the legal function.

Natural law starts with the basic premise that the law is driven by morality, and consequently is affected by it. With a history extending back to Aristotle and other early philosophers, the natural law theory has traditionally linked the law with religion and an innate sense of justice, rather than the more pragmatic approaches of some other theories. Although this might sound rather basic, the principals have been developed and refined through academic debate for centuries ultimately leading to a far more sophisticated theory of the nature of law. The idea that all law is subject to an unwritten code of morality is fundamental to natural law. This also throws up some potential problems in terms of civil regulation. Certain natural law theorists suggest that for a law to be binding on the citizen, it must conform to this sense of natural justice.

Although, there is definitely no absolute aimed idea of morality that creates disbelief in this concept. Furthermore, the presumptions that the law can be ignored in favor of a more sensible moral still cannot comply with the reality, taking into consideration the possible assumptions of constantly disparaging the laws of the ground of the introspective idea of justice.

Moreover on this basic knowledge of natural law, the individual in dispute with his/her state laws can try to exclude his/her doings with the approval of immoral laws. This will in turn produce a state of chaos, considering that the natural differences of individual ideas and that would fundamentally leave the society defective. Having said this reason, the natural law system has fallen down to gather present intellectual approval, taking into consideration several exceptions.

Natural law has been proposed as a consideration in trying war criminals, on the basis of the retrospectivity principle, i.e. no man can be tried for a crime that was not a crime when he committed it. Many war criminals are merely cogs in the machine of a legal regime, which ultimately permits their actions, however unjustifiable morally. Natural law theories give a basis for challenge on these grounds, whilst avoiding the awkward question of direct legal contravention, which ultimately works to serve justice. In this sense, it is perhaps useful as a canon of interpretation and in determining just and equitable outcomes in 'difficult' cases. However, as a wider legal concept, natural law and the proposed intersection between law and morality seems too awkward to reconcile with considered academic legal understandings. Having said that, natural law has provided an excellent starting position for further advanced argumentation, and has provided a platform for critique that has been essential to the development of the more sophisticated ideas held in regard in this modern day.




About the Author:



No comments:

Post a Comment