Criminal Law Vs Natural Law Essay

Natural Law prevails over Secular Law. Secular Law is a mechanism to uphold Natural Law

It is undeniable that Natural Law is the foundation of Secular Law as being stated by our president speaker. The development of Secular Law has proved the importance of Natural Law as well as the root of Secular Law. The following evidence will show how Natural Law prevails over secular law.

Natural Law and Criminal Law

Firstly, we will be looking into Natural Law and Criminal Law. In the Medieval period, Thomas Aquinas was of the view that criminal law was derived from the 10th commandments. Ten Commandments were given by God to Moses, to serve as the principles of moral behavior for the human races and later, it was used as the foundation of the moral code and

According to Malaysian Penal Code, provisions in the code have shown that killing is an offence and the offender is subjected to death penalty. From the Quran and the Penal Code, it can be seen that the code has adopted the sayings of Quran, God’s word in the code, that is, not to murder and it assists the God’s wording, by enforcing the law, that is, to punish those who committed the offence. Hence, it is safe to say that God’s word come first then only the man-made law, the secular law. Besides, other examples such as stealing, committing adultery and other offences stated in the Quran of Holy Bible are incorporated in the state law. Thus, we submit that the entire criminal law is premised on Natural Law.

Natural Law and Law of Torts

Next, the most predominant principle of natural law which all the Natural Law philosophers where known by, is their general view on “Reason’’ as guiding principle in man’s walk in life. The law of Torts is derived from this principle of reason. According to Aristotle, in his ‘politics’ he has stated that:-

Reason ... governs like a just and lawful prince, and the little community of man is thus held together and