LAWS6020 Environmental Law

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LAWS6020 Environmental Law

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LAWS6020 Environmental Law

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Course Code: LAWS6020
University: The University Of Newcastle

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Country: Australia

Question:

Critical analysis: choose one of the three universalist theories (Natural Law, Rationalism or Legalism).
Explain how it works, and provide an argument as to why you agree with it, or where its limitations may lie. Your grade will be based upon how well you demonstrate an understanding of the approach chosen, and the quality of analysis and argument given. n.b. only one universalist theory is to be discussed.

Answer:

Introduction
Law theory is the principle through which a litigant proceeds. Natural law is a philosophy declaring that certain rights are in-built by the feature of human nature. It is endowed by nature. The law is based on morality and ethics. The law is based on what is correct.  This law is a discovery of humans through reasoning and choosing between good and evil. I agree with the law of nature since it treasures its power by discovering certain universal ideals in, decency and ethics. What the law commanded varied from one place to the other. But with the law of nature, the laws should be the same everywhere. Many people consider Aristotle as the father of natural law (De Vattel, 2017).  Aristotle argued that besides the laws that the people have set up themselves there is a higher law that is according to nature. This paper provides the nature of natural law.
How natural law works
Natural law finds certain things good and useful while others are evil and distractive. What constitutes rights or wrong is the same for everyone. Morality is used to express this concept. It is universally accepted that killing another person is wrong. And whoever kills someone is punished and at times it is considered that killing the person would be the right punishment. That is an example of natural law. Using natural law to solve ethical dilemmas, there is a basic belief that everyone is entitled to live their lives through respect and consideration (Leiboff, and Thomas, 2014). Natural law comes in to define an innocent life and the elements that comprise of an unjust aggressor.
Natural law pays a certain attention to the idea of self-preservation. People tend to use this law to justify acts of violence. They rely on this law to justify their actions.  Throughout history, there have been difficulties to apply what seems simple concept to complex issues in nature. Giving an example of an act of violence like murder, it is against people’s personal proclivity to live a perfect and innocent life. In some instances, the act goes against the law of nature where the interest of two groups determines what is right or wrong. In this instance, the larger group always win over the smaller group.  Killing is forbidden by the law of nature despite the circumstances. This is because it goes against the purpose of human life. Law of nature does not consider killing another person in circumstances of self-defence (Bix, 2017). It still forbids the killing of another person.
Limitations
In some instances, the outcomes of natural law can be unfair. Jesus did not follow all the rules of natural law. It was written in the 13th century which makes it very out-dated Von (Glahn, and Taulbee, 2017). Natural law has a doctrine double effect. It does not allow abortion yet some actions are done out of necessity. Aborting a child to save the life of the mother is a dilemma.
Conclusion
The nature of natural law is just and simple. It agrees with what is obviously right and condemns what is wrong. Natural law is grounded on morals. Most of the people follow these laws because they are universal which makes them fair. Natural law is reliable since it is absolute.
References
Bix, B. (2017). On the dividing line between natural law theory and legal positivism. In Law and Morality (pp. 49-60). Routledge.
De Vattel, E. (2017). The Law of Nations or the Principles of Natural Law. Philadelphia: T. and.
Leiboff, M., & Thomas, M. (2014). Legal theories: contexts and practices. Thomson Reuters.
Von Glahn, G., & Taulbee, J. L. (2017). Law among nations: an introduction to public international law. Routledge.

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