25 Sep 2022

64

Are Positive Laws That Are Inconsistent With Natural Law Binding?

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Academic level: College

Paper type: Essay (Any Type)

Words: 253

Pages: 1

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Introduction 

St. Thomas Aquinas defines natural law as the eternal law established by the divine meant to uphold essential virtues such as honor and justice. It, therefore, follows that positive human laws need to be honorable and enforced justly to maintain the order of things established by the divine. All of humanity understands natural laws and mainly denote what is right or wrong and are the grounding principles on which philosophy is founded. 

St. Aquinas position theory of natural law is based on the order of things. Positive law is judged on this accord and its subsequent conformity to natural law. Human law is secondary to natural law and as such positive law that does not abide by natural law is inconsistent. Additionally, humans are rational beings with capable of reasons and adhering to specific moral obligations. Positive law that does not inspire reason, or is unjust is therefore inconsistent with natural law. For a positive law to conform to natural law, it needs to be consistent with the principles of natural law by following its commands. Moreover, virtuous acts can only result from objective moral principles while also respecting the values, faith, and reason of different people. 

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Natural law emphasizes reason and regard for the common good of all people, but society often struggles to construct a positive law that is both legally and morally right. Connecting with the Summum Bonum (highest good) is the main reason why people exist, and positive law that does not allow people to achieve this ultimate end is not a reflection of natural law. Moreover, according to St. Aquinas, Natural law is ingrained in the hearts of humans, guides our actions and helps one understand what is right or wrong. 

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StudyBounty. (2023, September 14). Are Positive Laws That Are Inconsistent With Natural Law Binding?.
https://studybounty.com/are-positive-laws-that-are-inconsistent-with-natural-law-binding-essay

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