Difference between revisions of "Natural law"

From PreparingYou
Jump to: navigation, search
 
(One intermediate revision by the same user not shown)
Line 1: Line 1:
 
'''Keys of the Kingdom''' ''Natural law'' part 1 and 2<Br>
 
'''Keys of the Kingdom''' ''Natural law'' part 1 and 2<Br>
<mp3player width="300">http://KeysOfTheKingdom.info/KOK-170211.mp3</mp3player>
+
<html><audio controls src="http://KeysOfTheKingdom.info/KOK-170211.mp3"></audio></html>
 
'''Keys of the Kingdom''' Sabbath Hour ''Natural law'' part 3<Br>
 
'''Keys of the Kingdom''' Sabbath Hour ''Natural law'' part 3<Br>
<mp3player width="300">http://www.hisholychurch.net/audio/170211lawofnature03.mp3</mp3player>
+
<html><audio controls src="http://www.hisholychurch.net/audio/170211lawofnature03.mp3"></audio></html>
  
 
{{#ev:youtube|iCRubIN_tgE|300|right|Description: Judge Andrew P. Napolitano, Distinguished Scholar in Law and Jurisprudence at the Mises Institute and Senior Judicial Analyst at Fox News  presented at the 2014 Mises Circle in Costa Mesa, California  the difference between [[Natural Law]] and [[Legal title|Legislative Law]] resulting from [[Contract|contract]] and the [[Consent|consent]] of the people. You can voluntarily surrender access to [[Rights|rights]] by [[Contract|contract]]. Time 19:09}}
 
{{#ev:youtube|iCRubIN_tgE|300|right|Description: Judge Andrew P. Napolitano, Distinguished Scholar in Law and Jurisprudence at the Mises Institute and Senior Judicial Analyst at Fox News  presented at the 2014 Mises Circle in Costa Mesa, California  the difference between [[Natural Law]] and [[Legal title|Legislative Law]] resulting from [[Contract|contract]] and the [[Consent|consent]] of the people. You can voluntarily surrender access to [[Rights|rights]] by [[Contract|contract]]. Time 19:09}}
Line 9: Line 9:
 
: http://www.hisholychurch.org/media/books/THL/naturallaw.php</Ref>
 
: http://www.hisholychurch.org/media/books/THL/naturallaw.php</Ref>
  
Natural law, or the law of nature (Latin: lex naturalis), is a system of law that is determined by nature, and so is universal. Classically, natural law refers to the use of reason to analyze human nature — both social and personal — and deduce binding rules of moral behavior from it. Natural law is often contrasted with the positive law of a given political community, society, or state.
+
Natural law, or the law of nature (Latin: lex naturalis), is a system of law that is determined by nature, and so is universal. Classically, natural law refers to the use of reason to analyze human nature — both social and personal — and deduce binding rules of moral behavior from it. Natural law is often contrasted with the positive law of a given political community, society, or state.<Ref>“A rule of conduct arising out of the natural relations of human beings, established by the Creator, and existing prior to any positive precept Webster. The foundation of this law is placed by the best writers in the will of God, discovered by right reason, and aided by divine revelation ; and its principles, when applicable, apply with equal obligation to individuals and to nations. 1 Kent, Comm. 2, note; Id 4, note. See Jus NATURALE.  The rule and dictate of right reason, showing the moral deformity or moral necessity there is in any act, according to its suitableness or unsuitableness to a reasonable nature. Tayl. Civil Law, 99. This expression, “natural law,” or jus naturale, was largely used in the philosophical speculations of the Roman jurists of the Antonine age, and was intended to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning by that word his whole mental, moral, and physical constitution. The point of departure for this conception was the Stoic doctrine of a life ordered “according to nature,” which in its turn rested upon the purely supposititious existence, in primitive times, of a “state of nature;” that is, a condition of society in which men universally were governed solely by a rational and consistent obedience to the needs, impulses, aud promptings of their true nature, such nature being as yet undefaced by dishonesty, falsehood, or indulgence of the baser passions.[also from Blacks Law Dictionary 3rd] See Maine, Anc. Law, 50, et seq. We understand all laws to be either human or divine, according as they have man or God for their author; and divine laws are of two kinds, that is to say: (1) Natural laws; (2) positive or revealed laws. A natural law is defined by Burlamaqui to be “a rule which so necessarily agrees with the nature and state of man that, without observing its maxims, the peace and happiness of society can never be preserved.” And he says that these are called “natural NATURALE EST QUIDLIBET 805.” A Law Dictionary:  Henry Campbell Black. West Publishing Company, 1910 - Law - 1314 pages.</Ref>
  
 
Although natural law is often conflated with [[Common Law|common law]], the two are distinct in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation.
 
Although natural law is often conflated with [[Common Law|common law]], the two are distinct in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation.
  
 
Natural rights professes itself to be "the presumption of liberty".
 
Natural rights professes itself to be "the presumption of liberty".
 +
 +
----
 +
Marco Tullius Cicero
 +
 +
"There is in fact a true law - namely right reason - which is in accordance with nature, applies to all men, and is unchangeable and eternal. By its commands this law summons men to the performance of their duties. By its prohibitions, it restrains them from doing wrong. Its commands and prohibitions always influence good men, but are without effect upon the bad.
 +
 +
"To invalidate this law of human legislation is never morally right, nor is it permissible ever to restrict its operation, and to annul it is impossible. Neither the Senate nor the people can absolve us from our obligation to obey this law, and it requires no Sextus Aelms to expound and interpret it. It will not lay down one rule at Rome and another at Athens, nor will it be one rule today and another tomorrow.
 +
 +
"But there will be one law, eternal and unchangeable, binding at all times and upon all peoples; and there will be, as it were, one common master and ruler of mankind, namely God, who is the author of this law, its interpreter, and its sponsor. The man who will not obey it will abandon his better self, and, in denying the true nature of a man will thereby suffer the severest of penalties, though he has escaped all the other consequences which men call punishments."
 +
 +
----
 +
 +
Dutch jurist Hugo Grotius defining natural law:
 +
 +
"The law of nature is a dictate of right reason which points out that an act, according as it is or is riot in conformity with rational nature, has in it a quality of moral baseness or moral necessity; and that, in consequence, such an act is either forbidden or enjoined by the author of nature, God."
 +
 +
----
 +
 +
Natural law from Borden et. al. v State, and the words adopted by Justice Scott of the Supreme Court of Arkansas in 1850-51:
 +
 +
&"We understand all laws to be either human or divine, according as they have man or God for their author, and divine laws are of two kinds, that is to say: first, natural laws; (and) second, positive or revealed laws.
 +
 +
"A natural law is defined ... to be a rule which so necessarily agrees with the nature and state of man, that, without observing its maxims, the peace and happiness of society can never be preserved... These are called natural laws because a knowledge of them may be attained merely by the light of reason, from the fact of their essential agreeableness with the constitution of human nature: while, on the contrary, positive or revealed laws are not founded upon the general constitution of human nature but only upon the will of God; though in other respects such law is established upon very good reason and procures the advantage of those to whom it is sent."
 +
 +
----
 +
 +
William Blackstone taken from the Introduction to Book 1 of his Commentaries on the Law of England (1756):
 +
 +
"(The) will of (man's) maker is called the law of nature. For as God, when He created matter, and endued it with a principle of mobility, established certain rules for the perpetual direction of that motion. So, when he created man, and endued him with freewill to conduct himself in all parts of life, he laid down certain immutable laws of human nature, whereby that freewill is in some degree regulated and restrained, and gave him also the faculty of reason to discover the purport of those laws....
 +
 +
"These are the eternal, immutable laws of good and evil, to which the creator himself in all his dispensations conforms; and which he has enabled human reason to discover, so far as they are necessary for the conduct of human actions. Such among others are these principles: that we should live honestly, should hurt nobody, and should render to every one his due."
 +
 +
----
 +
 +
In his 1901 dictionary, Walter Shumaker proposed this description of natural law:
 +
 +
"NATURAL LAW. The law of nature; the divine will, or the dictate of right reason, showing the moral deformity or moral necessity there is in any act, according to its suitableness or unsuitableness to a reasonable nature. Sometimes used of the law of human reason, in contradistinction to the revealed law, and sometimes of both, in contradistinction to positive law. They are independent of any artificial connections, and differ from mere presumptions of law in this essential respect, that the latter depend on and are a branch of the particular system of jurisprudence to which they belong; but mere natural presumptions are derived wholly by means of the common experience of mankind, without the aid or control of any particular rule of law, but simply from the course of nature and the habits of society. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts."
 +
 +
 +
----
 +
Justice Nation of the Alberta Court of Queen's Bench in Re Indian Residential Schools:
 +
 +
"Natural Law is ... a code of rules which originates with the divine, nature or reason in contrast to the laws people make.
 +
 +
"Although the cases cited by the Plaintiffs have considered natural law in interpreting legislation, that does not convert natural law into a recognized part of the law in either Alberta or Canada. Nor does it create a positive duty on the Defendant Canada.
 +
 +
"Consequently, even if I assume all of the pleadings to be true and apply the most liberal reading thereto, I cannot conclude that a breach of natural law by itself constitutes a cause of action."
  
 
{{Template:Law}}
 
{{Template:Law}}
  
 
==Footnotes== <references />
 
==Footnotes== <references />

Latest revision as of 23:04, 26 October 2018

Keys of the Kingdom Natural law part 1 and 2
Keys of the Kingdom Sabbath Hour Natural law part 3

Description: Judge Andrew P. Napolitano, Distinguished Scholar in Law and Jurisprudence at the Mises Institute and Senior Judicial Analyst at Fox News presented at the 2014 Mises Circle in Costa Mesa, California the difference between Natural Law and Legislative Law resulting from contract and the consent of the people. You can voluntarily surrender access to rights by contract. Time 19:09

The Law of Nature or Natural Law is defined as, “The divine will, or the dictate of right reason, showing the moral deformity or moral necessity that there is in any act, according to its suitableness or un-suitableness to a reasonable nature. Sometimes used of the law of human reason, in contradistinction to the revealed law, and sometimes of both, in contradistinction to positive law.”[1]

Natural law, or the law of nature (Latin: lex naturalis), is a system of law that is determined by nature, and so is universal. Classically, natural law refers to the use of reason to analyze human nature — both social and personal — and deduce binding rules of moral behavior from it. Natural law is often contrasted with the positive law of a given political community, society, or state.[2]

Although natural law is often conflated with common law, the two are distinct in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation.

Natural rights professes itself to be "the presumption of liberty".


Marco Tullius Cicero

"There is in fact a true law - namely right reason - which is in accordance with nature, applies to all men, and is unchangeable and eternal. By its commands this law summons men to the performance of their duties. By its prohibitions, it restrains them from doing wrong. Its commands and prohibitions always influence good men, but are without effect upon the bad.

"To invalidate this law of human legislation is never morally right, nor is it permissible ever to restrict its operation, and to annul it is impossible. Neither the Senate nor the people can absolve us from our obligation to obey this law, and it requires no Sextus Aelms to expound and interpret it. It will not lay down one rule at Rome and another at Athens, nor will it be one rule today and another tomorrow.

"But there will be one law, eternal and unchangeable, binding at all times and upon all peoples; and there will be, as it were, one common master and ruler of mankind, namely God, who is the author of this law, its interpreter, and its sponsor. The man who will not obey it will abandon his better self, and, in denying the true nature of a man will thereby suffer the severest of penalties, though he has escaped all the other consequences which men call punishments."


Dutch jurist Hugo Grotius defining natural law:

"The law of nature is a dictate of right reason which points out that an act, according as it is or is riot in conformity with rational nature, has in it a quality of moral baseness or moral necessity; and that, in consequence, such an act is either forbidden or enjoined by the author of nature, God."


Natural law from Borden et. al. v State, and the words adopted by Justice Scott of the Supreme Court of Arkansas in 1850-51:

&"We understand all laws to be either human or divine, according as they have man or God for their author, and divine laws are of two kinds, that is to say: first, natural laws; (and) second, positive or revealed laws.

"A natural law is defined ... to be a rule which so necessarily agrees with the nature and state of man, that, without observing its maxims, the peace and happiness of society can never be preserved... These are called natural laws because a knowledge of them may be attained merely by the light of reason, from the fact of their essential agreeableness with the constitution of human nature: while, on the contrary, positive or revealed laws are not founded upon the general constitution of human nature but only upon the will of God; though in other respects such law is established upon very good reason and procures the advantage of those to whom it is sent."


William Blackstone taken from the Introduction to Book 1 of his Commentaries on the Law of England (1756):

"(The) will of (man's) maker is called the law of nature. For as God, when He created matter, and endued it with a principle of mobility, established certain rules for the perpetual direction of that motion. So, when he created man, and endued him with freewill to conduct himself in all parts of life, he laid down certain immutable laws of human nature, whereby that freewill is in some degree regulated and restrained, and gave him also the faculty of reason to discover the purport of those laws....

"These are the eternal, immutable laws of good and evil, to which the creator himself in all his dispensations conforms; and which he has enabled human reason to discover, so far as they are necessary for the conduct of human actions. Such among others are these principles: that we should live honestly, should hurt nobody, and should render to every one his due."


In his 1901 dictionary, Walter Shumaker proposed this description of natural law:

"NATURAL LAW. The law of nature; the divine will, or the dictate of right reason, showing the moral deformity or moral necessity there is in any act, according to its suitableness or unsuitableness to a reasonable nature. Sometimes used of the law of human reason, in contradistinction to the revealed law, and sometimes of both, in contradistinction to positive law. They are independent of any artificial connections, and differ from mere presumptions of law in this essential respect, that the latter depend on and are a branch of the particular system of jurisprudence to which they belong; but mere natural presumptions are derived wholly by means of the common experience of mankind, without the aid or control of any particular rule of law, but simply from the course of nature and the habits of society. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts."



Justice Nation of the Alberta Court of Queen's Bench in Re Indian Residential Schools:

"Natural Law is ... a code of rules which originates with the divine, nature or reason in contrast to the laws people make.

"Although the cases cited by the Plaintiffs have considered natural law in interpreting legislation, that does not convert natural law into a recognized part of the law in either Alberta or Canada. Nor does it create a positive duty on the Defendant Canada.

"Consequently, even if I assume all of the pleadings to be true and apply the most liberal reading thereto, I cannot conclude that a breach of natural law by itself constitutes a cause of action."

Law
Law | Natural Law | Legal title | Common Law | Fiction of law |
Stare decisis | Jury | Consent | Contract | Parental contract | Government |
Civil law | Civil Rights | Civil Government | Governments |
No Kings | Cities of refuge | Voir dire | Levites |
Citizen | Equity | The Ten Laws | Law of the Maat |
Bastiat's_The_Law_and_Two_Trees | Trees |
The Occupy Refuge Movement | Clive Bundy | Hammond |
Barcroft | Benefactors | gods | Jury | Sanhedrin |
Protection | Weightier_matters | Social_contract | Community Law |
Perfect law of liberty | Power to change | Covet | Rights |
Anarchist | Live as if the state does not exist |

==Footnotes==
  1. 1.3 Bouvier, Inst. n. 3064; Greanleaf, Ev. É 44.
    http://www.hisholychurch.org/media/books/THL/naturallaw.php
  2. “A rule of conduct arising out of the natural relations of human beings, established by the Creator, and existing prior to any positive precept Webster. The foundation of this law is placed by the best writers in the will of God, discovered by right reason, and aided by divine revelation ; and its principles, when applicable, apply with equal obligation to individuals and to nations. 1 Kent, Comm. 2, note; Id 4, note. See Jus NATURALE. The rule and dictate of right reason, showing the moral deformity or moral necessity there is in any act, according to its suitableness or unsuitableness to a reasonable nature. Tayl. Civil Law, 99. This expression, “natural law,” or jus naturale, was largely used in the philosophical speculations of the Roman jurists of the Antonine age, and was intended to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning by that word his whole mental, moral, and physical constitution. The point of departure for this conception was the Stoic doctrine of a life ordered “according to nature,” which in its turn rested upon the purely supposititious existence, in primitive times, of a “state of nature;” that is, a condition of society in which men universally were governed solely by a rational and consistent obedience to the needs, impulses, aud promptings of their true nature, such nature being as yet undefaced by dishonesty, falsehood, or indulgence of the baser passions.[also from Blacks Law Dictionary 3rd] See Maine, Anc. Law, 50, et seq. We understand all laws to be either human or divine, according as they have man or God for their author; and divine laws are of two kinds, that is to say: (1) Natural laws; (2) positive or revealed laws. A natural law is defined by Burlamaqui to be “a rule which so necessarily agrees with the nature and state of man that, without observing its maxims, the peace and happiness of society can never be preserved.” And he says that these are called “natural NATURALE EST QUIDLIBET 805.” A Law Dictionary: Henry Campbell Black. West Publishing Company, 1910 - Law - 1314 pages.