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Perspectives on Law Essay Assignment

70115 - Perspectives on Law

1 Found helpful 5 Pages Essays / Projects Year: Pre-2021

Part a): ‘law is not a “mere man-made artefact”’ Law is not a mere man-made artefact, it is not a material object created by mankind nor is it a simplistic set of rules solely developed by men of governance as this expression suggests. Rather the law is a complex hybrid of not only the strict black-letter law, but also an inner morality that, at times, triumphs over the former. Through an exploration of the development of natural law and positivist theories over time with specific reference to ‘The Berlie 4’ and ‘The Speluncean Explorers’, this essay will provide validity to HLA Hart’s statement. Section I will delve into the basic philosophical approaches to natural law and positivist challenges which serve to disprove these notions. Progressing to the subsequent stage in natural law theory, Section II explores the divine origins of natural law and how it is discernable by moral reason whilst providing a balanced perspective as positivism emphasizes the distinction between law and morality. Lastly, the basis of the discussion contained in Section III is Thomas Aquinas’ ‘civil disobedience’ and will ultimately illuminate the significance and implementation of a higher, natural law. As we investigate various theories of natural law and relevant positivist discourses, this essay will exhibit a full-rounded outlook to establish that law is not a mere man-made artefact.


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