Q1: Why might some consider the natural law to be some form of “higher law”. Provide an example
At their core, natural laws are morality laws that human beings can ascertain through reason. Some philosophers consider natural law as a form of “higher law” because it forms the foundation for traditional man-made law (Hall, 2019). Besides natural laws are prescribed by an authority that is superior to the nation and government. Through natural law, individual rights are protected from infringement by nations or even other individuals. Furthermore, all other forms of law have to conform to natural law. An example of natural law is that it forbids murder of fellow human beings under any circumstances. Murder works against the nature of human intent to lead a purposeful life. Killing of another person is a well -accepted natural law. Murder infringes on an individual’s right to life.
Delegate your assignment to our experts and they will do the rest.
Q2: Do you believe that natural law is above “positive law”? Explain
Yes, I believe that natural law is above positive law. The rationale behind my belief stems from the fact that positive laws are mere articulations of norms and social practices that are already in existence and held under the natural law (d’Entreves, 2017). In other words, the validity of positive law is dependent on its conformity to natural laws. For instance, under a positive law, murder is the intentional killing of an individual usually committed with malice aforethought. Such a law would not have existed were it not for the natural law that makes humans reason that killing a fellow human being is evil. Besides, natural law is not conferred by a mere act of legislation. Instead it is conferred by nature, reason, and by God. Positive law, on the other hand is conferred by acts during particular events or cases.
References
d'Entreves, A. P. (2017). Natural law: An introduction to legal philosophy . Routledge.
Hall, R. A. (2019). The Justice of War: Its Foundations in Ethics and Natural Law . Lexington Books.
