Natural law theory Traditional Modern Traditional Natural Law theory Offers arguments for the existence of a higher

her law o From divine revelation or o It reflects our mixed intuitions about the moral status of law Cicero True law is right reason in agreement with nature Universal, unchanging and everlasting Whoever is disobedient is fleeing from himself and denying his human nature Aquinas Divines different kinds of law: eternal, natural, divine and human law Genuine law/ positive law is derived from natural law o Sometimes natural law dictates what the positive law should be o Sometimes, natural law leaves room for human choice to come into play Logical deduction refers Determination of general principles: sense of making specific or concrete Positive laws: have the power of binding in conscience Just laws: consistent with the requirements of natural law o Ordered to common good o Law giver has not exceeded its authority o Equal application to all citizen Finnis Basic goods: There are a number of distinct but equally valuable intrinsic goods o Knowledge, play, aesthetic experience, sociability o The difference between right and wrong cannot be drawn at the level of basic goods

o Self-evident: cannot be derived from some more foundational proposition Modern Natural Law theory Proper understanding of law as a social institution or a social practice Fuller Rejected legal positivisms distorted view of law as a one way projection of authority: government gives orders and citizens obey o They missed the need for cooperation and reciprocal obligations between officials and citizens for a legal system of work Law: form of guiding people; a means to an end; o Law could only be labeled a law if it guides and coordinates human behavior 8 requirements: Law should be general Should be promulgated, that citizens might know the standards to w/c they are being held Retroactive rule making and application should be minimized Law should be understandable Not contradictory Not rwuire conduct beyond the abilities of those affected Relatively constant through time Congruence bet. Laws as announced and their actual administration Dworkin Along with rules, legal systems also contain principles There is still a legal positivist like sep. of law and morality in this view of law Hard cases must be judged with a integrity and use of morality to find out the best fitting law