As such, there is no single or correct answer to this question. In past no one really questioned lawmakers, law distributors, or the laws themselves. But of late, society has begun to question most legal activities as to their effectiveness and competence. The cause of these reviews has emerged by changing times, changing thoughts, understanding, beliefs, as well as the development of technology and other such new developments within societies.
There are 2 sources of law – parliament (legislation) and court (case) made law. These laws can be regarded as being purely formal, irrespective of whether they are good or bad.
Law can be ‘positivist’ in nature – meaning no judgement is made in regards to the quality of that law - implement it regardless if it is a good or bad. Such a theory does not look at the moral implications of the laws – it’s a amoral view of law. Natural law on the other hand, is the idea that ‘God’ makes laws. This theory originates as far back as early Greece and the ‘Gods’. The most complete account of natural law doctrine can be found by Aquinas St. Thomas. For instance – "Nothing else than the rational creature’s participation of the eternal law", "Every human law has just so much of the character of the law as it is derived from the law of nature. But if in any point it differs from the law of nature, it is no longer a law but a corruption of a law", "…that positive law is a determination of natural law". One natural theorist is Kant Emmanuel – "No law can be right merely by convention", "Laws, as such, are to be regarded as necessary a priori – that is as following of themselves from the conceptions of external right generally – and not as merely established by statues".
There are 2 sources of law – parliament (legislation) and court (case) made law. These laws can be regarded as being purely formal, irrespective of whether they are good or bad.
Law can be ‘positivist’ in nature – meaning no judgement is made in regards to the quality of that law - implement it regardless if it is a good or bad. Such a theory does not look at the moral implications of the laws – it’s a amoral view of law. Natural law on the other hand, is the idea that ‘God’ makes laws. This theory originates as far back as early Greece and the ‘Gods’. The most complete account of natural law doctrine can be found by Aquinas St. Thomas. For instance – "Nothing else than the rational creature’s participation of the eternal law", "Every human law has just so much of the character of the law as it is derived from the law of nature. But if in any point it differs from the law of nature, it is no longer a law but a corruption of a law", "…that positive law is a determination of natural law". One natural theorist is Kant Emmanuel – "No law can be right merely by convention", "Laws, as such, are to be regarded as necessary a priori – that is as following of themselves from the conceptions of external right generally – and not as merely established by statues".
Comments