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Socially_Constituted_And_Socially_Defined_Law
2013-11-13 来源: 类别: 更多范文
Socially Constituted And Socially Defined Law
Socially Constituted and Socially Defined Law
An argument against the idea of Natural Law
The idea of natural law has been long debated in the subject of jurisprudence. There are theorists that contend that there is a natural law by which everyone must abide in order to thrive in the world. Other theorists do not believe this true. They believe that law is socially defined and socially agreed upon; therefore natural law does not exist. The idea of natural law is a fallacy because a law is a contract made between people, not merely an innate understanding of right from wrong.
Natural law theorists such as Cicero and Saint Thomas Aquinas will argue that there is a common law that can be applied universally that never changes, and is everlasting in the world. They believe that all people are subject to follow these natural laws because they come from a divine source.
Laws are not followed or understood unless they are enforced. As Thomas Hobbes is famously quoted for saying, Life is lonely, poor, nasty, brutish and short. He is right. Without a contracted, written understanding of law and its consequences, there is no
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