What Is Natural Law

What Is Natural Law
What Is Natural Law

Video: What Is Natural Law

Video: What Is Natural Law
Video: Natural Law Theory: Crash Course Philosophy #34 2024, May
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Natural law is fundamentally different from other branches of law. It is called a "hybrid" of philosophy and law and therefore is sometimes confused with the philosophy of law. However, this science deals with something else - it studies the meaning of the law itself, the necessity of its presence and the laws of existence.

What is natural law
What is natural law

Natural law is indeed based on philosophical principles. This is a branch of law that secures for any person a whole list of inalienable rights and freedoms. Natural law is therefore called such, since it promotes their naturalness, the need for every person. He has the right to possess them regardless of the place of birth, social status and income level.

This industry was created in opposition to the usual positive law, which regulates the life of society at the moment. What is this confrontation based on? Natural law is the ideal in the world of rule of law. It promotes dreams of an ideal law as it could be. In reality, positive law rules the ball - normative legal acts in force on the territory of different countries.

Most of the laws on which the system of government of any state is based have been in effect for a long time. And natural law requires constant changes in regulations, which in principle is impossible. Of course, amendments to the law are periodically adopted, but some laws a priori cannot be changed frequently, such as, for example, the Constitution.

There is a theory that natural law is part of the positive. But since the two industries are mutually exclusive, it cannot be true. However, legal scholars are trying to put them together. What for? Because then they will be able to work in tandem, and this will have a beneficial effect on the development of modern law. When developing concepts for the development of natural law, it is necessary to take into account the realities of the positive, used at the moment. In turn, when drawing up new laws, it is important to take into account the tendencies of the natural.

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