Natural Law Essay

Natural Law Essay The theory of Natural Law was put forward by Aristotle but championed by Aquinas (1225-74).  Ãƒâ€šÃ‚   It is a deductive theory it starts with basic principles, and from these the right course of action in a particular situation can be deduced.  Ãƒâ€šÃ‚   It is deontological, looking at the intent behind an action and the nature of the act itself, not its outcomes. Traditional natural law is based on value judgements, which emanate from some absolute source e.g. Gods revealed word. However the term natural law lacks a precise definition, and there is very little agreement, even among experts or proponents of natural law theory about its application to specific, complex, moral, or legal issues.  [1]   The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by government. The term natural law is derived from the Roman term jus naturale. Adherents to natural law philosophy are known as naturalists. The major opponent to legal positivism as a conception of the nature of law goes by the label natural law theory. Natural law theory is probably not the best name for this view its a bit of a historical accident that this view in the philosophy of law came to have this name but it is the traditional label.  [2]  And I will not try to displace it here. Aquinas says that the principles of practical rationality-that is, those principles that tell us how to act reasonably-both are Gods law for our conduct and are knowledgeable by nature, even apart from special divine revelation. So the principles of practical rationality are both law and natural, and hence are natural law. Because Aquinas says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with reason and he sometimes says that human law must be in accordance with natural law. The label is unfortunate because there are some writers who believe that the principles of rati onality or morality place a constraint on legality, but who do not believe that these principles of law rationality or morality are God-given law. These writers are called natural law theorists even though they do not, strictly speaking, believe in natural law. There are important objections to be made to Aquinass theory of natural law. O Connor rightly identifies the main one: Aquinas fails to explain just how the specific moral rules which we need to guide out conduct can be shown to be connected with allegedly self-evident principles.  [3]  But the objection that Aquinass account of natural law purposes an illicit inference from is to ought is quite unjustified. What are the principles of natural law? There is a  set of basic practical principles which indicate the basic forms of human flourishing as goods to be pursued and realized, and which are in one way or another used by everyone who considers what to do, however unsound his conclusions; and a  set of basic methodological requirements of practical reasonableness (itself one of the basic forms of human flourishing) which distinguish sound from unsound practical thinking and which, when all brought to bear, provide the criteria for distinguishing between acts that (always or in particular circumstances) are reasonable-all-things-considered (and not merely relative-to-a-particular purpose) and acts that a reasonable-all-things-considered, i.e. between ways of acting that are morally right or morally wrong-thus enabling one to formulate a  set of general moral standards.  [4]   Naturalists believe that natural law principles are an inherent part of nature and exist regardless of whether government recognizes or enforces them. Naturalists further believe that governments must incorporate natural law principles into their legal systems before justice can be achieved. There are three schools of natural law theory: divine natural law, secular natural law, and historical natural law. Divine natural law represents the system of principles believed to have been revealed or inspired by God or some other supreme and supernatural being. These divine principles are typically reflected by authoritative religious writings such as Scripture. Secular natural law represents the system of principles derived from the physical, biological, and behavioural laws of nature as perceived by the human intellect and elaborated through reason. Historical natural law represents the system of principles that has evolved over time through the slow accretion of custom, tradition, and experience. Each school of natural law influenced the Founding Fathers during the nascent years of U.S. law in the eighteenth century and continue to influence the decision-making process of state and federal courts today. Religious studies are flourishing again. Most scholars were convinced that religion definitely belonged to the past and were of interest only to a tiny group of specialists. Today religious studies are pursued by a host of people in a range of departments. Because of the relevance of cultural issues to the contemporary world, religions have moved from the periphery to the very centre of public and academic concern. Their startling resurgence has given rise to the growing number of studies that explore this phenomenon in fresh, new ways.  [5]  Among the many publications that have appeared recently, I would like to draw attention to a volume edited by Mark C. Taylor, which appeared in 1998. Entitled Critical Terms for Religious Studies.  [6]  It describes the field in terms of 22 notions some of them old acquaintances, others new comers from belief to writing. Each article analyses the theoretical value of one of these notions, examining it in a particular religious tradition s.  [7]  Another volume that appeared recently Guide to the study of Religion  [8]  likewise explores such notions as classifications, comparison, and gender 31 notions in all. Examining the concepts in the two volumes. I was struck by the absence of both history and tradition from each; ironically, only modernity has survived. As it happens, though, the essay on modernity by Gustavo Benavides in Critical Terms is not a bad substitute for the two missing.  [9]   In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was one right way and that the courts were uniquely positioned to identify it  [10]   Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, a feature of most of the judicial references to natural law or natural rights under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of natural rights has a variety of meanings  [11]   The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by  relying on such a theory. Hogan and Kelly have also stated that, Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria  [12]   The difficulty of interpreting the natural law One of the issues often highlighted by opponents of the use of natural law is that it is ambiguous and consequently very difficult to interpret. Von Prondzynski notes, There is a general aversion among lawyers at having to deal with something they cannot immediately define.  [13]  The difficulties with the use of natural law cannot be denied. It has been argued, there are two entirely different kinds of natural law theories  [14]  , one secular and one based on religion. Murphy also noted that, while the state may be Christian, this does little to help define natural law as Christian groupings fundamentally disagree as to what the divine law actually is.  [15]   However, this difficulty is not insuperable and should not be treated as so. It is clear from the constitution and from judicial decisions such as that of Justice Kenny in the Ryan case, that a Christian type of natural law is advocated rather than a secular natural law theory. The issue of what exactly this means and how it can be applied to complex cases is more difficult to resolve. Von Prondzynski believes that natural law in its legal sense, as seen by the Constitution has nothing whatever to do with the imposition on us all of a concise set of religious rules as propounded by the Churches.  [16]   The difficulties of natural law interpretation could be considerably reduced by the construction of some form of guidelines for the judiciary to use. These would help the judiciary to define the natural law and to interpret it accordingly. It is submitted that the use of natural law by the judiciary in the 1950s and 1960s was less contentious owing to the nature of society that existed at the time. Ireland during this period in history was relatively homogeneous in terms of its core values, and as such doing the right thing was not necessarily perceived as being undemocratic when everyone knew what the right thing was. In Ireland at present there is certain unease in an increasingly secular culture in relation to its linkages with religion and the law of god. Quinn has also stated that as natural law drew the judiciary into novel fields, and as secularisation broke down the old conventions revealing deep divisions over first principles, it became harder to credibly assert that there was one right way and that the courts were uniquely positioned to identify it.  [17]   Despite the problems associated with a disenchanted secular society, there is also the added problem of ascertaining what natural law actually means. It is submitted that, a feature of most of the judicial references to natural law or natural rights under the Constitution is that they assume that there is a general consensus about the identity of the natural law. However, the concept of natural rights has a variety of meanings.  [18]   The use of natural law is problematic because in fact there is no general consensus about the identity of the political, moral, judicial and theological theory being named, and there is no guarantee either that the constitution will in some sense benefit by  relying on such a theory. Hogan and Kelly have also stated that, Judicial invocation of such an un-distilled concept of natural law in the context of review presents the obvious danger that invalidation of legislation passed by the Oireachtas might not always be seen to be based on objective, ascertainable criteria.  [19]   One of the main questions therefore that emerge from the debate regarding the use of natural law is the extent to which natural law can provide guidance to members of the court in deciding constitutional issues. It can be taken for granted that in a parliamentary democracy the judicial review procedure as provided for in the constitution is necessary to defend the rights of individuals. Therefore inevitably the burden of defending the rights of individuals against oppressive legislation falls in part, on members of the court.  [20]  Thus while defending the rights of individuals may be a prerogative of the judiciary, one is forced to ask; Can such a prerogative ever be justified by reference to principles of natural law? And if so can such a right ever be justified in overriding the democratic will of the people? The answer is a clear no! While there is widespread acceptance that the task of judges is to interpret the Constitution, during this process it is necessary for the judiciary to rely on the text, without reliance on sources from outside the four corners of the Constitution. Whether or not the judiciary should supplement the text cuts to the very heart of what it means to have a written Constitution, enforced by an independent judiciary, in a democratic state. As such the apparent death of natural law should not necessarily be seen as a bad thing if it results in more consistent, truly impartial, reasoned judgments from the judiciary. Proponents of natural law often argue that the use of natural law far from being a licence for unlimited government and a roving judiciary, natural rights and natural law arguments are the best defence of liberty and of limited government.  [21]  However despite such sentiments, the decision in Re Information  [22]  , like all previous Article 26  references will not be overturned. What the decision in Re Information makes clear is that natural law cannot be relied upon to invalidate any explicit provision of the Constitution, however it is also suggested that it does not address what residual role natural law plays in the constitutional order.  [23]   It would appear therefore that a deep fissure exists between concepts of popular sovereignty and natural law. When push comes to shove the Irish judiciary have preferred the former to the latter. Therefore the politics of normative choice through the democratic process is open and not bounded by fixed notions of natural law.  [24]   The Future of the Natural Law in Irish Constitutional Jurisprudence: Is Natural Law Dead? The future of natural law in Irish Constitutional jurisprudence is currently far from clear. It would appear from the Supreme Court decisions in recent years that for the foreseeable future natural law will not play a significant role in constitutional jurisprudence.  [25]  While the recent demise of natural law has been described as one of the great tragedies of the bitter debate on abortion  [26]  , it would be wrong to conclude that the Regulation of Information Bill 1995 signalled the death of natural law.  [27]  They suggest that the natural law component remains a significant aid to interpretation,  [28]  although it will remain inferior to the canon of harmonious interpretation. Although not dead, natural laws place in Irish constitutional jurisprudence has been radically altered. The doctrine now has a reduced significance in constitutional interpretation and a future growth in stature remains unforeseeable. Its application has led to many difficulties. Howeve r, the use of natural law is  not without benefits and its diminution and potential evisceration by the judiciary may  prove detrimental. Natural law was invoked over an extended period to protect the  rights of citizens not expressly provided for in the constitution, including the right to  bodily integrity, the right to travel, the right to earn a livelihood, the right to privacy  and the right of access to the courts. It remains to be seen if the Supreme Courts  decision will prevent the recognition of further unremunerated rights. Natural law will remain a significant aid in constitutional interpretation, however it is submitted that it will not be as influential as it has been in the past. In order to be really effective, the natural law must have its first home not in the judiciary, but in the population at large and in a constitutional democracy this means in the populace as represented in legislatures. That legislation and not adjudication should be the primary forum for the application of the natural law seems to have been recognized by no less an authority than St. Thomas Aquinas.  [29]  Here it is noteworthy that the application of natural law by Irish judges has largely been in the context of fundamental rights jurisprudence, for it is precisely when the substantive structures and ethos of community begin to break down that legal issues become primarily issues of rights.  [30]  So here the debate over natural law may ironically be a 178 Catholic Social Science Review function of the secularization process itself and suggests the larger question of the extent to which cultural problems lend themselves to judicial answers. Is it a coincidence that the incr ease in the activity of constitutional courts in the realm of personal rights, an increase which visible on a global scale, is taking place in a time of increasing secularization and cultural dislocation?  [31]   Why is it that the natural law doctrine, despite its flaws and inconsistencies, has had such an influence in the history of European thought? Kelsens answer is that natural law satisfies a deeply-rooted need of the human mind, the need for justification. To justify the subjective value judgements which emerge from the emotional element of his consciousness, man tries to present them as objective principles by transferring to them the dignity of truth, to make them propositions of the same order as statements about reality. Hence he pretends to deduce them from reality, which implies that value is imminent in reality.  [32]  This has a comforting corollary: belief in natural law enables a person to obey a civil law, not because he is compelled to do so by the civil power, but because of the laws intrinsic value. But, as we have learned, at the heart of Kelsonss argument lies the contention that value is not imminent in reality. Natural law nevertheless strikes a chord with a long- lasting and deep-seated need felt by mankind the need for certainty, for the existence of truths that are absolute and unchanging.  [33]   For writers down the ages it has been a quality of natural law that it is eternal and universal. Finnis believes that the principles of natural law hold good, as principles, however extensively they may be overlooked, misapplied or defied and however little they may be recognised. They would hold good just as the mathematical principles of accounting hold good even where, as in medieval banking community, they are unknown and misunderstood.  [34]  

Gay marriages Essay

Legalization of gay marriages is a comparatively new social experiment, undertaken in twelve American states and several European countries. To my view, it should be cancelled, and in the present paper I would like to substantiate my opposition to the introduction of gay marriage practice worldwide. The United States Constitution, as one knows, guarantees religious freedom, so that national religion and the related obligations could not be adopted at the legislative level. Nevertheless, the national law is to great extent based upon religious principles, given that they developed much earlier than the institute of law. Nevertheless, due to the fact that the American population is diverse in terms of cultural and religious backgrounds, the legislation should demonstrate a high degree of sensitivity to the needs of minority groups, whose beliefs might dramatically contradict to the legal prescriptions. Thus, the legal foundation should be flexible enough, but only to those religions, which have most supporters in the country, as responding to the religions, poorly represented in the United States, might result in the infringement of the interests of larger religious groups (Wolfson, 2004). As the statistics demonstrates, the most widespread religions in the country are Christianity, Islam, Judaism, Buddhism and Hinduism (Wolfson, 2004). All of these doctrines have long histories and derive from approximately the same values which include family, human life, health and spirituality. It needs to be noted that the carriers of the doctrines are practically consistent with one another in terms of the principles of marriage, which should necessarily be heterosexual; therefore, all of them disapprove of gay families, as one of the basic goals of any ancient religion is the encouragement of natural reproduction (Wolfson, 2004; Dobson, 2004). As one can conclude, there is a strong religious argument against gay marriages, and given the fact that more than 80 per cent of Americans are adherent to a particular doctrine, it is possible to presume that the legalization of gay marriages abuses the interests of the majority. It is often stated that due to the fact that a number of same-sex couples have been cohabitating for years, it would be useful to legalize homosexual partnership, so that the receive the benefits, associated with the traditional marriage, which include social security insurance and a number of additional rights. On the other hand, same-sex marriages are likely to increase government expenditures: â€Å"Recognizing same-sex marriages would increase outlays for Social Security and for the Federal Employees Health Benefits program† (Chauncey, 2004, p. 243). In order to increase the relevant spending, it is necessary to raise taxes, so each American citizen, capable of working, will pay for the introduction of homosexual marriages from their own pocket. Given the aforementioned information about the most influential and represented religious groups, one can assume public dissatisfaction, which might appear as a result of the launch of this social experiment. Furthermore, marriage of convenience might become more common (Chauncey, 2004; Dobson, 2004). This practice is quite popular among those individuals, who wish to receive marriage benefits without the actual desire for the creation of family. In this sense, they misuse and abuse the concept of government trust for citizens and legally declared value of family, more precisely – undermine the legal understanding of family. This means, in order to avoid the increase of convenience marriage rates, it is highly recommended to not to endorse same-sex marriage. My final argument against gay marriages derives from the value of family as a source of reproduction not merely at the level of individual citizens, but also in terms of society in general. â€Å"A common objection to same-sex marriage is that the purpose of marriage is a result of naturally occurring sexual attraction that leads to procreation and that the same-sex partnership is inherently sterile† (Dobson, 2004, p. 89). I do not claim that individuals should create families taking into consideration the fact that they are obliged to have children, as the attitude towards procreation is a personal choice, but the direction, encouraging the reproduction of society, should be taken at the levels of both law and social policy; otherwise the society might not survive. Moreover, it is possible to presume that gay marriage is likely to abuse the value of traditional family even more than heterosexual cohabitation without registration. First of all, heterosexual cohabitation corresponds to the natural principles of family as a â€Å"union† of a male and a female for proliferation; it needs to be noted that a number of â€Å"unregistered† heterosexual families have children, whereas gay families have less opportunities and lower willingness to procreate (Dobson, 2004). In the social context, the scope of family duties harmoniously combines male and female roles in the household, this tendency is equally apparent in both married couples and cohabitants, whereas different gender roles are unlikely to unite within a same-sex family. As for the legal regulation of sexuality and moral issue, it is important to note that the existing legislation already restricts many aspects of sexuality and morality, such as incest or sexual contact with children,; from these examples one can conclude that the absence of such constraints is likely to negatively affect the common wellbeing. Similarly, the permission of same-sex marriages might have adverse consequences as well. To sum up, due to the facts that most religious groups oppose gay marriage, that the introduction of this practice is likely to affect everyone in economical meaning and that same-sex marriages undermine the traditional value of family, the initiative concerning their legalization should not be supported. Works cited Chauncey, G. Why Marriage? The History Shaping Today’s Debate over Gay Equality. New York: Basic Books, 2004. Dobson, J. Marriage Under Fire. Sisters, Or. : Multnomah, 2004. Wolfson, E. Why Marriage Matters: America, Equality, and Gay People’s Right to Marry. New York: Simon & Schuster, 2004.

Person and Service Users Essay

Answer 1 As a trainer of many subjects, I must ensure that my own knowledge of the various legislation and regulatory requirements and codes of practice are current and up to date, which are often subject to change, in order that the information relayed to the candidates is correct. There are several key pieces of legislation that are paramount to the subjects I teach, Health and Safety at Work Act 1974 determines that I have a duty of care to each candidate / assessors who attend any course I deliver. To comply with this a risk assessment of the training facilities is undertaken and reviewed upon every course run. In order to ensure the safety and welfare of the attendees a health and safety talk is conveyed making sure that all are aware of any potential hazards, fire evacuation procedures etc. Each attendee is made aware that they have a responsibility to ensure the safety of themselves and of those around them. Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) –This regulation dictates that lifting equipment used for lifting people is subject to a six monthly inspection by a competent person. Each hoist used to safely move people has a working emergency release to ensure that should the hoist fail the person is not stuck in mid air and is safely lowered to the floor within a short time. In order to ensure that candidates are physically able and have no medical issues a Health Declaration form is completed and signed by all attending the courses. Should any medical issues arise then a short talk to the candidate is conducted ascertaining there capabilities. Answer 2 I teach a variety of subjects and in a majority of the courses there is often mixed levels of knowledge and experience of the subject being taught. In order to achieve this information I introduce myself, explaining who I am and a brief description of my background and knowledge of the subject and then ask the class to introduce themselves and give a brief description of their experience if any of the subject. For those who have experience I explain that I value their input on the subject if they have any experiences on the area in which we are discussing. For the others who might be new to the subject I reassure that by the end of the course they will have a good working knowledge and confidence in the subject. Once in the classroom I would discuss the subject matter that I intend to teach and with this valuable assistance of PowerPoint’s start the course. Throughout the course I encourage class interaction, asking questions for the class to discuss and come up with the answer. Ensuring that all students are involved, encouraging an open discussion. As the majority of my client base is within the care industry the subjects I teach encourage equality and valuing diversity throughout as the main role of a carer is to promote independence of their service users and giving person centred care. Encouraging equality and valuing everyone’s opinion irrelevant of their background or culture, as we can learn from each other as we all have different life experiences. Answer 3 My role within lifelong learning is to make sure all candidates leave my courses learning at least one thing. And to deliver the course in a way that the feel valued and that their voice and opinion was heard. Answer 4 As a trainer I have found that one of the simplest ways to meet the needs of the learners to those I am teaching is by relating to real-life situations and circumstances that I have faced. If you bombard the clients with PowerPoint’s which are just full of facts that they are trying to memorise or record the information becomes more difficult to absorb and less likely to be retained. To promote additional learning a handout is produced, also in an easy to read manner for the learners to review to keep information fresh in their minds. I encourage all candidates to become better carers, by learning more about their service users illness or injury and how this affects their service users.

The Path Of Action - 879 Words

Hinduism deals with a lot of things such as different types of gods, samsara, and the caste system. One of the main things that it deals with is the Path of Transformations. There are three different Path of transformations and they are all trying to solve the problem of Moksha. The first path is the Jnana-yoga, which is also known as the Path of Liberating Knowledge. The next path is Karana-marga, the Path of Action. The last path is Bhakti-yoga which is the Path of Devotion. It takes a life time to break free from these paths. Out of all these Paths the most important one is the Karma-marga. It deals with the 4 stages of life, Dharma and Varna. Karma-marga, also known as the Path of Action is the most important path over the other two paths because this is the path that is always changes. The path of action is considered a path that one is born on as a Hindu. Once you are born you are in Varna which is a class system. There are 4 levels of the cast system. 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