Natural Law versus Positive Law Natural law philosophers

Natural Law versus Positive Law

Natural law philosophers ▪ Natural Law is an ideal, enduring, and universal moral order independent of human will, habits or political decrees.

Natural law philosophers § believe that law should reflect unchanging moral certainties. § believe that law should promote the “good. ” § believe that law serves as a guide and a target to help citizens be better people and strive towards an ideal. § for example, laws against drug use are supported because drug use defeats the aim of being as fully human as is possible. § as well, the idea of addiction and its subsequent dependence on a substance foreign to the body is a “bad” one.

Positive law philosophers ▪ Positive law refers to laws based on human authority (such as political leaders or lawmakers)

Positive law philosophers § believe that the law should reflect the beliefs and promote the interests of the majority of the population in a democratic model – otherwise the views/values of the political sovereign. § as far as ideals, there is only the general prescription to avoid harm and protect those who cannot protect themselves. § they may believe that law cannot be any more than that, because the differing ideas of what is “wrong” preclude any certainty.

Essay § Write a 500 -to 750 word essay supporting or opposing a change to a specific law. § Eg. the case of an issue such as human cloning, where in Canada law has yet to be written, have the students express an opinion on whethere should be a law or not. § Students should enlist the thoughts of one or more of the philosophers studied in the first activity along with the information they are able to gather in their research. § Include sources MLA format § Due Date: Monday Sept. 15 th