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Friday, April 26, 2019

Natural Law Jurisprudence Essay Example | Topics and Well Written Essays - 1500 words

innate(p) impartiality Jurisprudence - Essay ExampleJurisprudence implies creating a body of law of nature and methods for interpreting the law, studying the relationships amongst law and society, and predicting the effects of legal decisions . It is the science or philosophy of law. It applies to crucial law and to the legal system in general. It is based on the fundamental principle of just society which instrument in a democratic country, alone are equal and their rights (personal and property rights) should be protected before law. decide apply it without favor or fear. Jurisprudence implies creating a body of law and methods for interpreting the law, studying the relationships between law and society, and predicting the effects of legal decisions.(Wikipedia) . The purpose of jurisprudence is to achieve social order through subjecting peoples take up to the guidance of general rules by which they may themselves orient their behavior (Fuller 1965, 657).The word Teleology is derived from the Greek word telos, which means goal, purpose.(- page socillogy 3rd ref ). The ancient world was permeated by teleological thought, that is, a belief that e genuinelything has a pre-ordained purpose - theres a pattern to the world and to each thing in it . (Socrates, Aristotle, the Stoics - similarly the Oracle in The Matrix). It is based on the Greek concept of eudemonism which means that people live a satisfying life based on Universal laws. The Greeks viewed the universe as self correcting. The state, like all things, has a certain end. A just state is one that is organized in such a way as to achieve this teleological purpose.( Plato The Republic).Within the state, every person has a role or function, and just conduct lies in fulfilling his or her role. ( Aldous Huxleys novel Brave New World). Aristotle and Thomas Aquinas were great supporters of teleology .Whether raw(a) Law Jurisprudence automatically lends itself to the teleological approach In order t o analyze this question , first we take hold to understand the characteristics of inhering law and teleology .Natural Law Jurisprudence has the following distinguishing features which separates it from teleological law .i. Natural law is universal and unchanging - its always available to legislators, judges and citizens of any jurisdiction in the field of justice - correcting wrongs and distributing goods (Harris)ii. The sources of natural law are customs, usages, case laws and precedentsiii. It is discoverable by human reasoniv. Natural law attempts to analyze, explain, classify, and criticize entire bodies of law, ranging from contract to tort to constitutional law.v. It commands obedience from people and people heed it in moral sense.vi. In the US and many parts of the world, Natural Law has become very much influential.vii. International law derives its validity from natural law. International Law is based on the principles of Natural law jurisprudence. UN Charter recognizes natural rights, and principles.viii. The formation of the

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