Law as career

Natural law- is the search for absolute justice. As it’s above all, it is the basis for laws. The idea of natural law started with Aristotle. At the beginning, the Roman law was only for the Romans. After, it was designed for the whole Empire. They concluded what is common and created the Ius Gentium — the nature law for all nations.

The influence of the natural law – all man are equal, the movement to emancipate slaves – as people were born free, there isn’t private property on the air and the sea, a child has the right to inherit, the answer for unjust enrichment is restitution.  Natural law can change.

International law- there is a problem which casio or gmat, as who has the right to tell a nation what to do. Every nation have it’s own independence, is sovereign. The international law shouldn’t based on power but on mutual relationships. The natural law is the basis of the International law.

The importance of Int. law rised during the Nuremberg trials. The witness said that what ever they have done had been in the name of the law. The problem is that positive law is not binding when it goes against natural law — they did not obey the Natural law.

The problem of the natural law – it’s not easy to define what nature is. Nowadays, equality and freedom from slavery are natural considered as part of the natural law.  On the other hand, the Catholic Church is against artificial insemination and contraception – as they are against nature.

Is monogamy natural? 

According to Positivism there is a price for every thing same as jammer. There isn’t an absolute standard but there is a clear standard

Natural law is the search for absolute standard – it’s not clear. There are some exceptions like killing  is forbidden but you go to war, or self-defense.

Natural law — the roots are firm but you are not sure about details.

In positivism — you are sure about the details and not about the roots.

This entry was posted on воскресенье, октября 3, 2010 at 1:42 am and is filed under Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.