Natural Law and America's Legal Term Paper

Open, View, and/or
Download this Document

Total Length: 1283 words ( 4 double-spaced pages)

Total Sources: 4

Page 1 of 4

It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God.

The basics of natural law are buried in what is called a conscious. What is moral and pure and good is acceptable as natural law.

The American justice system uses natural law as the blueprint for many of its societal laws. Knowing that stealing is wrong because it is morally distasteful is what drove the law makers to pass laws about stealing and made it a crime.

If one physically harms another, the social conscious of mankind will give rise to an outcry about the moral injustice of the act, which is what provided the background to the forefathers of the country to include such elements in the constitution and the later laws that protect that constitution.

The basics of natural law also include the following principles:

is not made by human beings;

is based on the structure of reality itself;

is the same for all human beings and at all times;

is an unchanging rule or pattern which is there for human beings to discover;

is the naturally knowable moral law;

is a means by which human beings can rationally guide themselves to their good (Dolhenty, 2004)."

When it comes to discussions about natural laws it is important to understand the difference between natural law and societal law. There are some laws that are purely societal according to the people who argue the point.

There are many laws on the books that some people do not believe should be crimes. Few would argue about the pain inflicted on another person but the laws in which they do not believe anyone is hurt they do not support as being criminal acts.

The question of legalizing marijuana would be one in which the natural law theories would be used to argue that it should not be illegal.

Stuck Writing Your "Natural Law and America's Legal" Term Paper?

View All Our Example Natural Law and America's Legal Term Paper

Have A Custom Example Essay Written



One of those could be argued for the case of prostitution. There are people who believe that prostitution is a victimless crime and as such should not be made against the law.

The idea of natural law however, believes that anything that harms the conscious or society is something that should be deemed wrong, therefore natural law would be applicable in the case of prostitution for those who believe that prostitution is wrong, but for those who believe it is victimless they would argue that the natural law theory does not apply.

In the American legal system the foundation of natural law is the backbone of all that is included in the system. The constitution mentions rights and those rights are rights that are provided simply by being a human being with no other criteria needed. It is what many of the nation's current laws are base in. One has the right to live free of fear, which means that oppression, kidnap, assault, rape, battery and other acts of aggression are against the natural law theories.

CONCLUSION

When one hears news clips about higher courts determining the fate of a case by holding it against the constitution one naturally believes that the constitution is the basic foundation of measurement in such events. The truth is however, that one can even dig more deeply than the constitution and one will see that the true tenet of the American legal system is based in natural law......

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Natural Law And America's Legal" (2006, December 07) Retrieved July 5, 2025, from
https://www.aceyourpaper.com/essays/natural-law-america-legal-41164

Latest MLA Format (8th edition)

Copy Reference
"Natural Law And America's Legal" 07 December 2006. Web.5 July. 2025. <
https://www.aceyourpaper.com/essays/natural-law-america-legal-41164>

Latest Chicago Format (16th edition)

Copy Reference
"Natural Law And America's Legal", 07 December 2006, Accessed.5 July. 2025,
https://www.aceyourpaper.com/essays/natural-law-america-legal-41164
   

Open, View, and/or
Download this Document
order custom essay example