Biblical Discourses of Law

2015 ◽  
Author(s):  
Christine Hayes
Keyword(s):  
Natural Law ◽  
Positive Law ◽  
Divine Wisdom ◽  
Divine Will ◽  
The Law ◽  
Biblical Texts ◽  
Divine Law

This chapter describes biblical discourses of divine law. It begins by examining those biblical texts that emphasize the emergence of divine law from the divine will. These texts stand as resources for later readers who seek to construe biblical divine law as positive law. It then turns to texts that emphasize elements of divine wisdom in the Law. These texts stand as resources for later readers who seek to construe biblical divine law in terms of natural law. Finally, it examines texts that narrate the historical circumstances under which this multifaceted law came into being and its role in the divine plan for Israel and humankind.

scholarly journals Tindak Pidana Korupsi dan Sanksi Pidana Mati Perspektif Keadilan Hukum

2013 ◽  
Vol 3 (2) ◽  
pp. 323-355
Author(s):  
Amirullah Amirullah
Keyword(s):  
Death Penalty ◽  
Legal System ◽  
Natural Law ◽  
Transnational Crime ◽  
Moral Values ◽  
Closed Path ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Eternal Law ◽  
Divine Law

Abstract: Corruption is included as a crime which expands into a transnational crime, destroying the moral values of the nation, hampering and harming the development of the nation, a creation of a closed path of justice, prosperity and welfare of the Indonesian people. Death penalty is an option of criminal sanctions applied in the legal system in Indonesia. The death penalty attached and integrated in the legal system in Indonesia which was formerly influenced by the complexity of its background. At the philosophical level it shows that all legislations related to the formulation of corruption and death penalty have the background of moral values based on Pancasila as a philosophical footing. The death penalty of corruption in Indonesia within the perspective of a legal justice, contained in the formulation of Law No. 20 year 2001 about the Amendment of Law No. 31 year 1999 about eradication to corruption, chapter II, article 2, paragraph (2), shows a part of the positive law. The image of the positive law in Indonesia recognizes the existence of natural law. It is reflected in the philosophical values of the nation, Pancasila (believe in one God). Consequently, the products of the positive law in Indonesia must be derived from the natural law, and the natural law is derived from the eternal law (divine law).Keywords: Law, corruption, criminal act, justice

scholarly journals RESPONSABILIDADE CIVIL DECORRENTE DE IMPACTOS AMBIENTAIS À UCS

2021 ◽  
Vol 9 (208) ◽  
pp. 1-14
Author(s):  
Vitoria Franco dos Santos ◽  
Bianca Alves Ferreira ◽  
Ana Cláudia Barroso
Keyword(s):  
Natural Law ◽  
First Principles ◽  
The State ◽  
Positive Law ◽  
The Law

The environment is an integral part of day-to-day life in society, and the Law understands that even though things may be worthless or nobody "res nullius" there are things that are indispensable for humanity, here comes the Natural Law that has, as a project, to evaluate human choices for the purpose of acting reasonably and well. This is achieved through the foundation of certain principles of natural law that are considered human goods evident in itself, natural law is the set of the first principles of what is just and unjust, inspired by nature. These principles are materialized through positive law, which is formed by the laws created by the state for the conservation of the just.

The Law of Nature

2021 ◽  
pp. 11-45
Author(s):  
Stuart Banner
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Legal Education ◽  
Law Of Nature ◽  
Positive Law ◽  
Scientific Laws ◽  
The Law

This chapter explores how natural law worked in the legal system of the 18th and 19th centuries. It discusses how lawyers believed natural law could be discerned, how natural law related to positive law, why natural law seemed so plausible, how natural law figured in legal education, and how natural law was used in practice. Natural law was understood to consist of general principles found in nature, like the principles we call “scientific” laws today. They formed a backdrop against which positive law was enacted and interpreted. These general principles guided courts’ decisions where positive law did not yield a clear answer.

The (Ir)rationality of Torah

2015 ◽  
Author(s):  
Christine Hayes
Keyword(s):  
Natural Law ◽  
Greco Roman ◽  
Positive Law ◽  
Rational Character ◽  
The Law ◽  
Mosaic Law ◽  
Shed Light

This chapter continues to explore the rabbinic conception of Mosaic Law in an attempt to discern the extent to which and the manner in which that conception may have been informed by Greco-Roman discourses of natural law and positive law. Because the primary discourses of natural law in the Greco-Roman tradition underscore the rational character of the law, it takes up the question of the rationality of the Mosaic Law as represented by the rabbis. The chapter examines rabbinic sources that shed light on a constellation of questions that address the matter of the Law's essential rationality: Is the Law depicted as rational in the sense that it is not arbitrary and contains no contradiction or absurdity, no illogical or paradoxical claim, or does it defy logic and natural reason? Is it depicted as possessing intrinsic rationales or only an extrinsic utility of some kind? Is the Mosaic Law represented as rationally accessible or inaccessible? And does it derive its authority from its rational character or from a coercive sovereign will?

The New Testament, Mosaic Law and Ecclesiastical Law Today

2005 ◽  
Vol 8 (36) ◽  
pp. 60-66
Author(s):  
Anthony Bash
Keyword(s):  
New Testament ◽  
Old Testament ◽  
Natural Law ◽  
Human Beings ◽  
Ecclesiastical Law ◽  
Positive Law ◽  
The New Testament ◽  
The Law ◽  
Mosaic Law ◽  
Common Misconceptions

This article explores the New Testament's critique of Old Testament law, a genus of positive law. It looks at the applicability of that critique to modern ecclesiastical law: The article identifies three common misconceptions about the view of the New Testament concerning Old Testament law, and then sets out what the New Testament does say about Old Testament law, principally from the writings of St Paul. The principles underlying the New Testament's critique are established. The critique is made not on natural law grounds but on pragmatic and utilitarian grounds. The grounds of the critique are (i) the efficacy of the law to achieve its true intent; and (ii) the extent to which human beings exaggerate the usefulness of Old Testament law.

scholarly journals Z rodowodu klasycznego prawa naturalnego

2019 ◽  
pp. 9-27
Author(s):  
Aleksandra Szadok-Bratuń ◽  
Marek Bratuń
Keyword(s):  
Natural Law ◽  
Historical Review ◽  
Ancient Greece ◽  
Law Of Nature ◽  
Positive Law ◽  
The Law ◽  
Almost All ◽  
Relationship Of ◽  
The Relationship ◽  
The Ideal

The issue of natural law has been mentioned by almost all philosophers of law, from the classical ones of ancient Greece to contemporary postmodernists, and is presented in various ways. In compliance with Cicero’s observation that “history is the herald of the future” we have attempted to go back to the sources and to start our considerations ab ovo. The historical review does not address systematically the issue discussed here, and only serves to properly explain what natural law in a classical reflection of ius naturale is. Therefore, our approach to the classical natural law has been narrowed down to three selected sophists, Socrates, Plato and Aristotle, and their views of ius naturale in opposition to ius positivum have been briefly outlined. The article consists of two parts: the first one entitled From Heraclitus to Socrates and the second entitled From Plato to Aristotle. The first part presents sophists’ views on the law of nature. It is worth noting that sophists did not analyse the essence of the law of nature; they were primarily interested in the relationship of the law of nature to positive law. Thus Socrates, by deriving the existence of universal and unchanging laws from human nature, gave birth to the doctrine of natural law with unchanging content. The second part contains the views of Plato and Aristotle on the question of the law of nature. Plato is considered to have discovered the ideal trend of natural law, although in his dialogues the term “law of nature” is not found. It was the theory of Plato’s ideas that became the model for the concept of lex aeterna as an arrangement of divine ideas. Whereas, Aristotle distinguished two types of good that law puts before man, and accepts them as the basis for the dichotomous division of laws. He described good that is indifferent to man, which due to specific circumstances becomes the object of his desire, as positive law. Good that is closely related to the nature of man, which is always and everywhere the object of his desire, is good indicating the natural law.

scholarly journals Aquinas and Scotus on the Metaphysical Foundations of Morality

Religions ◽  
2019 ◽  
Vol 10 (2) ◽  
pp. 107
Author(s):  
J. Clanton ◽  
Kraig Martin
Keyword(s):  
Natural Law ◽  
Divine Command ◽  
Divine Command Theory ◽  
Source Theory ◽  
Divine Will ◽  
Natural Law Theory ◽  
The Relationship ◽  
Divine Law

This paper retraces some of the contrast between Aquinas and Scotus with respect to the metaphysical foundations of morality in order to highlight how subtle differences pertaining to the relationship between the divine will and the divine intellect can tip a thinker toward either an unalloyed natural law theory (NLT) or something that at least starts to move in the direction of divine command theory (DCT). The paper opens with a brief consideration of three distinct elements in Aquinas’s work that might tempt one to view him in a DCT light, namely: his discussion of the divine law in addition to the natural law; his position on the so-called immoralities of the patriarchs; and some of his assertions about the divine will in relation to justice. We then respond to each of those considerations. In the second and third of these cases, following Craig Boyd, we illustrate how Aquinas’s conviction that the divine will follows the ordering of the divine intellect can help inform the interpretive disputes in question. We then turn our attention to Scotus’s concern about the freedom of the divine will, before turning to his discussion of the natural law in relation to the Decalogue as a way of stressing how his two-source theory of the metaphysical foundations of morality represents a clear departure from Aquinas in the direction of DCT.

From “Epicurean” Physics to Ethics

2017 ◽  
Author(s):  
David S. Sytsma
Keyword(s):  
Political Theory ◽  
Natural Law ◽  
Thomas Hobbes ◽  
Divine Wisdom ◽  
Divine Will ◽  
De Legibus ◽  
Natural Law Theory

This chapter discusses Baxter’s theory of natural law and his polemics against Thomas Hobbes and Benedict de Spinoza on ethical matters. Baxter’s natural law theory drew on Francisco Suárez’s De legibus, which grounded the obligation of the natural law in the divine will and the content of the natural law in the divine wisdom. Baxter responded to the necessitarianism and natural law theories of both Hobbes and Spinoza, but engaged with Spinoza’s arguments more fully. His response is noteworthy for drawing lines of continuity between their physical and ethical views. Unlike most contemporary responses to Spinoza’s Tractatus theologico-politicus, which focused on his denial of miracles and the Mosaic authorship of the Pentateuch, Baxter addressed Spinoza’s natural law and political theory, which was central to the argument of the Tractatus.

Introduction

2015 ◽  
Author(s):  
Christine Hayes
Keyword(s):  
Classical Tradition ◽  
Natural Law ◽  
Hellenistic Period ◽  
Positive Law ◽  
The Mediterranean ◽  
Divine Law

In the Hellenistic period, popular and highly eclectic versions of the tenets of the central philosophical schools penetrated the eastern end of the Mediterranean, and Jews living in this area were exposed to the divine law discourses of the classical tradition. Hellenistic philosophical schools of all stripes commonly attributed certain traits to divine natural law. It was held to be universal, rational, unwritten, eternal, and unchanging, and to govern the sage without effort. By contrast, human positive law was held to be particular, grounded in a sovereign will, written, temporary, and flexible. Positive law is superfluous for the sage, who automatically pursues the virtue that he rationally perceives, and deficient for the fool, who rebels against its strictures....

Greco-Roman Discourses of Law

2015 ◽  
Author(s):  
Christine Hayes
Keyword(s):  
Natural Law ◽  
The Other ◽  
Ancient Greek ◽  
Critical Feature ◽  
Greco Roman ◽  
Positive Law ◽  
Considerable Debate ◽  
The One ◽  
Divine Law

This chapter lays out ten different discourses and practices of law in ancient Greek and Roman sources (referred to as G-R 1, 2, etc. throughout the book). A critical feature of all of these discourses and practices is their presumption of a dichotomy between the unwritten natural or divine law on the one hand and positive human law on the other. Thus, all Greco-Roman constructions of divine law begin with a common premise: divine law and human law possess different and usually diametrically opposed traits. The divine or natural law—in addition to being unwritten—is generally portrayed as rational and universal, corresponding to truth, conducive to virtue, and static or unchanging. By contrast, human positive law takes the form of concrete rules and prohibitions that can be set in writing. It does not of necessity possess any of the characteristics that are inherent in the very concept of divine law: it will contain arbitrary elements that do not correspond with truth, and it must be enforced coercively; it is particular and subject to variation, and its ability to produce virtue is a matter of considerable debate.

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