Classical Natural Law

Question 1

Characteristics of Classical Natural law

Answer 1

• Law is universal, and derives from higher orders of justice, morality and reason.
• Human laws are reasonable when in line with divine law,
• law and morality are always connected.

Question 2

Criticisms of Classical Natural law

Answer 2

• not as universal as it claims to be, too malleable
• need to believe in God
• inherently ambiguous, cannot provide clear legal solutions
• too personal, relative and subjective.

Question 3

Plato

Answer 3

Societies comprise three natural classes of people:

1. Craftsmen
2. Guardians
3. Rulers

Question 4

St Augustine

Answer 4

argues that any eternal idea of natural law is part of God’s kingdom.

• justice is inevitably religious
• Human law must eliminate sin by forcefully and coercively ensuring that ppl meet duties and behave according to God’s principles.

Question 5

St Thomas Aquinas

Answer 5

• concerned with revealing trie law through God given powers of reason.
• human law can be corrupted, and therefore may be disobeyed in certain cases.

Question 6

4 Types of Law

Answer 6

Eternal Law: governance by God, not fully understandable to ppl

Natural law: ppl participating in eternal law, affirms natural aspiration to secure happiness and common good

Divine Law: revealed through the bible, guides ppl to live good lives.

Human Law: enacted through power of reason for the common good.