On the other hand, an argument may be made that the death penalty is actually in accordance with natural law theory. The basis of natural law theory traces its roots to what humans feel is fundamentally right and wrong (Robinson and Groves 105). Since almost all societies, especially American society, believe killing another human being is wrong, this type of behavior must be stopped. Another fundamental tradition in human history is a punishment system based on the "eye for an eye" principal. If a society's natural law is rooted in this system of equal justice, then employing the death penalty as punishment for
However, there is still the contradiction of killing a human being because society feels that killing another is wrong.
As can be seen, how natural law theory applies to the death penalty varies greatly depending on what one views as being the natural law of that society. Most likely, considering the general Christian roots of American society, the taking of the life of another is a traditionally immoral act. Based on this tradition, our common law made murder an illegal act. However, as American legal society has moved away from the common law and more towards a civil law society, our adopted statutes, such as capital punishment, have seemingly abandoned this natural tradition. Although we claim to maintain our tradition of protecting the natural rights of equality, life, liberty, and property, our adopted laws have put various restrictions and conditions on them. These restrictions create inconsistencies and an inconsistent legal system cannot be a just legal system.
A number of people also incorporate religious ideas into natural law theory, even as others submit more commonly to essential moral laws which may or may not be directed by religious reliance (What is Natural Law Theory, 2010). Laws are derived from a person's right to protect themselves and their property, not from the authority of the state. If law was simply anything the state said, then the notion of
It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God. The basics of natural law are buried in what is called a conscious. What is moral and pure and good is acceptable as natural law. The American justice system uses natural law as the blueprint for many of its societal laws. Knowing that stealing is wrong
Natural Law In Apology Crito, Plato presents Socrates a staunch defender law, sense respect legal orders polity a basic obligation citizenship. What important reasons Socrates position defense Athenian law? If accept Lewis' critique emotional subjectivism (Gaius Titus' position) Abolition Man sound, interpret Socrates' actions result subjective feelings. Plato's "Apology" and "Crito" and C.S. Lewis' concept of Natural Law: Where both pagan and Christian philosophies meet in agreement One of the most striking actions in
Natural Law For centuries the dominant philosophical thought on the issue of natural law was dominated by the Catholic Church's theocracy (Gula, 1989). Natural law is the idea that law exists that is set by nature and that therefore it is universally validity (Cochrane, 1857). The first great philosopher to establish the early views on natural law was St. Augustine. St. Augustine's views on natural law were to develop over time
So in order for the good to spread and evil to be eradicated, Divine Law had to arbitrate (Thomas Aquinas, 1947). Conclusion It is clear that no one can dispute the fact that every creature is born with certain fundamental rights, known as Natural Laws. The concept of Natural laws has triggered a lot of debate in the context of its authentic interpretation. From the aforementioned facts, one can safely assume
Yet official Catholic support for union organizing and for strikes, and for state planning to ensure a decent livelihood for all, has been augmented over the years by a heightened recognition of the need to combat underlying institutional imbalances of power. Though the overarching goal of a peaceful and harmoniously ordered community endures, Catholic sensitivity to the dynamics of power, the reality of sinful systems and structures, and the
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