Divine law cannot be attained alone by the means of natural reason alone; the precepts of divine law are disclosed only through divine revelation. Natural law includes possession of reason and free will, and should differentiate between good and avoid evil and appreciated the theory of natural law of morality. On his view, a human law (that is, that which is promulgated by human beings) is considered valid only insofar as its content conforms to the content of the natural law; as Aquinas puts the point: "Every human law has just so much of the nature of law as is derived from the law of nature. But if in any point it deflects from the law of nature, it is no longer a law but a perversion of law". To paraphrase
[ Ibid. ] Natural law can exist without the governance of a superior being through the usage of positive law. Positive law is needed because of the insufficiency of the natural law to direct man in the practical affairs of his life. A state has the power to make laws then oblige the subjects in conscience to obey in order to provide the benefits of a well-ordered life. With or without a superior being, there will still be an authority that is capable of making laws to ensure the common good based on natural law along with positive
“Realm of Ends” formulation of the categorical imperative, states that we must “act in accordance with the maxims of a member giving universal laws for merely possible kingdom of ends.” (4:439) It acts as a social contract. Kant further explains it that “a rational being belongs as a member of the kingdom of ends when he gives universal laws in it but is also himself subject to those laws.” (4:434) Being subject to a law does not contradict with the concept of a rational being as an end in itself, because it is not like a slavery since it is not subject to arbitrary will. Just the opposite, since it draws central points from the first and second formulation, “the will of a member could regard itself as at the same time giving universal law through its maxim” (4:434) and no member will see another member as a mere mean. On the other hand, autonomy is not equal to self-mastery. For Kant, it is essentially social.
Natural law theory states that there are laws that are immanent in nature and the man made laws should correspond as closely as possible. Man can’t produce natural laws but he can find and discover through his reasoning. If a law is contrary to a natural law then it is not a law. Laws should be related to morality. It is a concept of a body of moral principal that is same for all the man and it can only be find through human reasoning alone.
Natural law maintains that law should be based on morality and ethics. Natural law is based on what’s “correct” and is “discovered” by humans through the use of reason and choosing between good and evil. Where man exercises his reason correctly he will understand what will result in better ends. In fact, the interpretation of natural law varies from one theorist to another. According to Kelsen (1881-1973), laws and systems of government supposedly all derived from natural law vary from place to place and age to age, there being no unanimity between philosophers as to the conclusions to be deducted from natural law.
Thus the law “you will not stand on the blood of your neighbor” is valid because it protects the natural right that an individual has to life. On the other hand Aquinas believes that the validity of a law is rooted in the divine principles that underlie the law. Natural law consist of an ethical aspect, which are the moral principles only known to God as well as a legal component which is the expression of these moral principles within the human legal system . According to Aristotle these moral principles, which exist on the eternal level of law, are the basis of the laws that are created on the human level. In the adoption case Justice Dornor asked whether a person enjoys the fruit of a forbidden act in order to illustrate the moral principles underlying our laws .
Existentialism finds the answer to the absurdities present in the world including issues about human freedom. Dudley (ND) averred that Kant’s idea of freedom is inclusive than the libertarian thought. Further, Kant illuminated that choices are determined by autonomous will and are not subject to restrictions. Likewise, there is freedom of the will and that will is subject to the condition of genuine freedom of choice. Kant wrote the Metaphysics of Ethics (1797) where he described his ethical system that is based on a belief that the reason is the final authority for morality.
been those belonging to the tradition of the Law of Nature. These show human rights depend directly on the natural order and are subject to a universal moral low, superior to positive law Present day human rights notions show human rights do not rest on nature but represent human requests historically defined and morally and politically justifiable by means of a non-naturalistic theory. History shows human rights were a vindication of freedom against the established power and as social economical demands. A clear understanding of the relationship between human rights and morality is best uncovered through the two main types of human rights moral theories the naturalistic and non-naturalistic one. 1.1.2.
Commonly, natural law is associated with the "laws of nature", indicating the order which naturally directs the changes and alterations of the material and physical universe. Even though the concept of "laws of nature" is quite near, its complete ethical purpose is a course for God 's rule in every essence of human nature. In accordance with St. Thomas definition, the natural law is "nothing else that the rational creature’s participation in the Eternal Law" ("SUMMA THEOLOGIAE: The Various Kinds Of Law (Prima Secundae Partis, Q. 91)"). However, it is vital to mention that the natural law is not "necessary" to follow by men.
Indeed in Plato’s ideal republic the state’ laws are replaced by the “philosopher king’s” law. These philosopher kings were to be trained and would do so through rationally perceived dictates of ultimate virtue. They would cease to be encumbered by the various legal forms but instead become characterised by wisdom and be accepted through its very excellence. The closest Plato nears to the concept of natural law theory is in the Republic whereby he analogises health, as the natural order of the body, and justice as the natural order of things within the state, and in his discussion of the formal idea of justice as “just by nature” and finally in Laws, in which the Athenian Stranger, discussing how one would establish a state in which laws have a greater power than the rulers, proposes to speak about divine law which would supply the need for a governing higher