Development of Natural Law

Development of Natural Law
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Development of Natural Law
Natural law theory is a branch of law that considers law and ethics to be intrinsically intertwined. What is right and wrong, good and bad, is the subject of morality. Natural law theorists believe that morality determines human laws rather than an authority entity like a monarch or a state. Consequently, human nature urges individuals to discover what the rules are and how to follow them. Natural law theory is the most prevalent logical argument for discrimination against homosexuals and lesbians, and it deserves to be discussed. The evolution of natural law is a lengthy and convoluted affair. Still, an excellent place to start is with Plato's dialogues because some of the basic principles are first defined and, importantly, applied to the sexual arena. According to the Sophists, the human world is a sphere of convention and change rather than immutable moral truth. Plato, on the other hand, claimed that unchanging principles underlie the material world's change. Reality is a matter of phisus, which includes eternal moral principles. Even if there is certainly a great deal of variation in norms from one place to the next, humans should live by an unwritten standard or rule. Natural law was developed based on philosophy. This paper discusses the development of natural law and how various philosophers contributed to the development of natural law.
Even when the government or state did not recognize natural law, it existed. The establishment of common law in England has been influenced by natural law philosophy. Aristotle, Plato, Hobbes, Cicero, and others were all proponents of the natural law. Around the fourth century B.C., Greek philosophers established the notion of Natural Law. Heraclitus was the first Greek philosopher to identify the three essential characteristics of the Law of Nature, namely destiny, order, and reason (Purwandoko & Imanullah, 2017). He said that nature isn't just a jumble of objects but a clear relationship between them and a precise order and rhythm to occurrences. One of the critical parts of Natural Law, he claims, is the reason. Natural law theory, for instance, is considered by some to be an overly basic concept that fails in complicated matters. Natural law theory has been produced, critiqued, and utilized in a philosophical system and practical political and legal structures throughout history. It's important to remember that natural law varies from the legal system in that this is not based on court decisions or relevant legislation.
In human conduct, natural law stresses intrinsic ethical principles and ways of being. Positive law, on either hand, refers to the law devised by humans and applicable to specific activities at certain times and locations. Positive law is also produced and enacted for effective societal administration, personal liberty preservation, dispute settlement, and general societal maintenance of law and order.
Philosopher Contribution to the Development of Natural Law
Individuals were influential in the development of natural law theory. The Stoics, with their stress on human beings as a part of the natural order of the world, and Aristotle, with his emphasis on reason as the specific human function, both helped to establish the natural law approach, which states that fundamental law is sound reason in harmony with nature. In his approach, Aristotle allowed for natural change. So the manner that natural law is embodied might vary through time, which was a notion that Aquinas eventually included into his natural law theory (Purwandoko & Imanullah, 2017). Because he was less preoccupied with appetites than Plato, Aristotle did not write much about sexual matters.
The best reconstruction of his beliefs, as indicated above, positions him in mainstream Greek society; the critical issue is the action against the passive role, with only the latter posing a difficulty for those who are or will become citizens. According to his contemporaries, Zeno, the founder of Stoicism, was solely attracted to males, and his philosophy had no restrictions against same-sex intercourse. On the other hand, Cicero was disdainful of sex in general, with some harsher words directed towards same-sex activities. Below are some individuals who contributed to the development of natural law.
Socrates
Socrates maintained that Natural law exists in the same way that moral law does. Human Insight is the ability of a man to discriminate between good and wrong and recognize moral ideals. This human 'insight' serves as the foundation for judging the law. He claimed that Natural Law was necessary for the nation’s stability and security, which he saw as one of the most pressing concerns (Purwandoko & Imanullah, 2017). Plato, his student, agreed with him. Aristotle, on the other hand, provides a proper and logical explanation of the notion.
Aristotle
Aristotle-Man, according to him, is a part of the natural world in two ways: first, he is one of God's creations, and secondly, he has insight and understanding by which he may develop his will. Man's thoughts can reveal the eternal concept of fairness. The rule revealed through reason is known as 'natural justice' since man's reason is a part of nature. Positive Law should attempt to embrace the norms of 'Natural Law,' but it should be followed even if it does not contain the standard concept of Natural Law (Aroney, 2019). According to Aristotle, natural laws arise from the people's principles rather than human reason. They hence are considerably more valuable than Positive Law, which is the result of the human mind.
Plato
There have been various arguments claiming that Plato is the principal founder of natural law. The question as to whether Plato was indeed a supporter or founding member of natural law theory is significant. Not only because of the unique role that his ideology plays regarding the ideological movement pointed out earlier but also because an investigation of Plato's socialist theory that deems this question is genuinely enlightening as to the essence and value of deontological doctrine (Aroney, 2019).
However, such an examination necessitates a precise description of the "doctrine of natural law." The ideology of natural law, according to Plato, is a collection of various hypotheses of legislation that can be classified as idealism. Compared to a plausible theory of law, the assumption on whether the ideal law is just or correct, separate from and above the natural or positive l...