Representatives Of Natural Law, Iusnaturalism And Natural Law

Representatives of Natural Law, Iusnaturalism and Natural Law

Introduction

In the present work that I am going to develop we will know more clearly the different representatives of iusnaturalism and as each of them thinks based on this issue. I divided it into three types of representation, which fes on representatives of Greece, representative of Rome and the representatives of iusnaturalism in Christianity. Since natural law is one of the most fundamental ideas they have in the thought of each human being, since we can know that natural law is not coming from the will of man is rather the product of human nature itself and precedesof a superior entity that some consider that it is God. Natural law helps the creation of positive law since it serves as the basis for the creation of its norms.

Developing

Concept

Natural law refers to an ethical and legal discipline that considers law from the natural point. Since it defends the own and particular rights of human beings, in other words, that protects the rights based on the very nature of the human being and therefore these rights become directly to being inalienable.

Natural law is also one of the sources of law together with custom and positive law since the postulates of all these are born together with the human being and for the human being.

Characteristic

• Natural law is not created by the human being if not prior to him.
• Is intrinsic to human nature itself.

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• It’s universal.
• It is objective.
• Is eternal and immutable.
• It is oriented to peaceful and safe coexistence, in order to achieve justice.

Natural law is divided into three ages such as: the old age, the Middle Ages and the Modern Age. Where each age has authors who are giving life to natural law.

Representatives of iusnaturalism

• Natural Law in Greece

We can start by saying that the first conception for natural law for the entire civilization was imposed by the Greeks. It should be emphasized that since the early days from the beginning of the philosophy of law or also called the philosophy of the law Los Griegos, they made a great distinction and authenticity in the concept of law and the way of carrying it within the society of the society.a very unique way and illustrate you for society at that time and until today.

The Greeks contracted the concepts of natural law since on the one hand they mentioned an individualistic and revolutionary law that was essentially linked to the concept very based on the state of nature and was also based on the rudiment of the State addressed to a social unit andbe wicked and artificial since they would be based more on the free contract for the interests of few that relate to metaphysical needs.

And on the other hand the argument of the Greeks based on the concept of natural law towards reference to metaphysical foundations where they mentioned a generalized concept where God was considered the supreme legislator of all laws.

• Socrates

Socrates was considered a very important philosopher, since he was the one who created the philosophy of morals and he was a teacher of Plato and Aristotle. Socrates Nation in the year 469-470 Before Christ in Alopece, Athens of Ancient Greece. His parents were called Sofronisco and Fainrate who were the sculptor father and the mother was a midwife. From Socrates, most of his life is unknown and only few things in his biography are known where he is also participating as an infantry soldier in some of the battles such as: amphipolis in 422 A.C, Delio in 424 A.C, Potidea in 432 A.C, and we are in 440 to.c.

Socrates received a very traditional education based on: literature, gymnastics and music, but he became familiar with sophist rhetoric and dialectic. At first, Socrates worked with his father by making sculptures in which he made 3 statues that placed him at the entrance of Athens until the second century to.C, it is also recognized that Arquelao had as a teacher who was also a philosopher who taught him and put in reflections, about the physical about morality.

It is also said that Socrates was of a small stature and had some peculiar features in his physical appearance, for that reason it was taken as a reason for mockery. Then at an advanced case of case with Xantipa which came from a noble family with which he had 2 daughters and 1 son.

Socrates had a very own appearance since his who was young since he had a lot of ease of expressing himself with his words and consisted of a very integral reasoning. Socrates left no written work since he believed that each person on his own should create or develop their own ideas, and that is why after his death his ideas could not be easily known, but his disciples the most notable PlatoIt was the one who wrote Socrates’s ideas.

Socrates within natural law was a very important thinker, explained his philosophy only through oratory, his main workplace was Athens and worked more with young people teaching them to build concepts, since he criticized the truth of a written concept-knowledge and written already writtenthat he was very anti-subject and did not believe in the existence of the truth.

The people of those times in Athens mentioned that Socrates damaged the mentality of young people since he broke the institutional order. Socrates was betrayed as a very vulgar way since his own disciples condemned him, as well as the history of Jesus. All this was because Socrates mentioned that "philosophy can question any other type of knowledge or science".

For Socrates there is a world of values that are objectives above all the men who inhabit the earth, in which the justice that goes above all the imposed or written by man is reflected. All this set of values mentioned by Socrates is said to be the order imposed by divinity on the human being. Since all laws reflect that aforementioned objective value. All these values are cognizable or understandable by man and from there it can be affirmed that Socrates understands morality from or based on rationality. Where more clearly it can be said that man is becoming more virtuous as long as he knows the virtue and the person who performs a bad or workers of bad faith is because he does not know knowledge about good.

The laws should not be complied with only by the simple fact of imposed by an authority but rather because all laws come from rationality.

• Plato

He was a disciple of Socrates, it can be said in a probable way that Nation in Athens or perhaps in Egina in the year 427.C and that died in 347 to.C. It should be noted that Plato attended athletic practices and was interested in gymresearchers think Plato was hunchback.

Plato was also a philosopher who was Socrates’ apprentice, but he was a master of Aristotle. He was well recognized by the dialogues that CEO based on philosophy: epistemological, ontological, political, ethical, metaphysics and some other issues.

Plato’s father was Ariston and his family was aristocratic. Plato had very early mental agility, in its beginnings the philosopher chose to be an artist since he was very interested in poetry, drama and painting, and even he wanted to write tragedies. But these ideals that Plato had changed when he began attending the meetings that Socrates taught. So from that moment on, I change their artistic feelings for hatred of them since he had an initiative to build an ideal state and expel all poets from him.

Although Paltón belonged to the oligarchy, on many occasions he demonstrated his rejection of the form of government of Athens, in which he could reflect this rejection in the works that I believe based on the political, legal and in the Republic.

Based on Natural Law Plato was a very staunch disciple and a great friend of Socrates, so it was the one who wrote Socrates’ thought. Where he focused on the analysis of the State by making known the State and justice where he mentions that "the State is such a perfect body and therefore becomes the center for the development of society" and speaking of justice mentions that"It fosters harmony and regulates activities either of individuals or community" since it imposes or gives each one their direction to follow and imposes their own limits.

The end of the State is to promote the common good for the whole society. And the common good is natural right. And positive law will never be above natural law. since both seek to regulate the activity of the human being and promote good and justice for all, no right will be above but rather they have to go in the same hierarchy.

Based on Plato laws, he makes a conception where he states that the law must promote the common good and must be true. For them, he mentions that only true laws should be considered to procure the common welfare of citizens within the State. For this philosopher, true rights are in the world of ideas and positive laws are valuable as long as they agree with the idea of being a fair law for all.

The only ones who can be legislators are the philosophers, philosophers and the legislator.

For them it states that natural law has become a very ideal right, which has even become the basis of positive law.

• Aristotle

It was a philosopher, a nation in the year 384-383 to.C in Estagira. It was the son of Nicómaco who was the personal doctor of the king of Macedonia, after the death of his parents and his only brother at age 17 he travels to Athens with the intentions of wanting to attend the academy that Plato had, where he stayedfor 20 years and which led him to become a more disciple of Plato. Aristotle in that academy was nicknamed as the intelligent.

After Plato died to the city that was in Asia Minor, where he was an advisor to the ruler and at the same time his friend, in which he met his wife Pythias the one who was the governor’s niece with whom he had a daughter. But Lambien related to Hepylis with him when they had a male son named Nicomaco, to which his work called "Ethics to Nicomaco" dedicated him.

In the year 335 to.C aristotle returned to Athens and formed his own school which I call as a high school. I think this based on the Platonic style.

Based on natural law Aristotle bases his thinking on 4 very important and relevant things which are:

• Justice. Justice for Aristotle gave in a general concept that man has happiness. And this can be achieved with the virtue of justice, since justice is the sum of all virtues in reference with other people since it is much more difficult to exercise such virtue with all other people belonging to a common societyThe others that with yourself.

It should be noted that virtues are the habits that help each person obtain and achieve the happiness that longs for, therefore divides virtue in two ways:

• Intellectual virtue. This is based on the habits that are obtained and learned thanks to the reason. This virtue helps to make the truth and also knowledge and characterize people since they infer and reason from the rules imposed.
• Moral virtue. There is talk that moral virtues help perfect each person’s soul since they are born from the will of each and from their character. All this is learned through the practice performed. According to Aristotle, he also writes that this virtue is the intermediate term of two opposing terms as a clear example:

Vago ———— Studio ————

The sum of all virtues leads to reflect justice. Justice has a very important objective which is to promote equality for all members of a society. He seeks in a way that not only exists formal equality but also that there is material equality. That is why two types of justice are written:

• Distributive justice. Which is based on the distribution of all loads unevenly.
• Sinalagmatic Justice. That seeks the equal treatment for all people
• Equity. Within equity, laws must be issued with a general character thinking about a general reality since if a general law was applied without prior adaptation to a circumstance can cause injustices. To avoid this type of injustice, the judge must apply the laws with equity and in relation to the case that concerns him.

It is manifested in general that equity is a supervisory element of the law, examining it at the time of applying it in the specific case. It is also written that the same law or rule should not be applied to all cases since they are not the same since if the same law is applied to all cases, serious injustice would be generated.

For Aristotle, equity is not equal to justice, both have very different conceptions and goals. But he also mentions that equity cannot exist without justice.

• Political conception. Here it manifests that all human beings can never develop alone since they need others to meet their vital needs and therefore every person must belong to a social group. And this is where Aristotle manifests that all people are social beings and this is born from their nature.

The human being from his birth must belong to a social group, community, region or polis. Each poly, aims to have the group of people. But such groups must be purely natural and non -artificial. Since we are political beings and that isolated from society no human being can survive. Each social group has good and evil objectives, either in favor of the whole society or only to meet the needs of the ruler.

• Forms of government. It should be noted that there are two forms of government mentioned.
• Pure:
• Monarchy. This form of government is where power is central to a single person. Here the position obtained by a person is based on an inherited order, the person who occupies this position is called monarch, although it can also be said with various names: emperor, king, tsar, etc. And such a state that is under this mandate can receive a name as a kingdom apart from monarchy.
• Aristocracy. This government refers to the government of a few since it is more for people in themselves the best "wealthy, wise". Power is exercised by a number of people who are attributed command for being the most trained.
• Democracy. It is a form of government where all citizens write their think. This could be said that it is the power of the people.
• Impure:
• Tyranny. It is announced that the person who is in charge of governing a people takes it personal and abuses his power. It is corruption by the monarch.
• Oligarchy. This is a type of government that is controlled by a few since they are people who belong to some social classes that are privileged, that is, it is in charge of the wealthiest.
• Demagogy- The government in charge of power is only based on things that will never fulfill and thus retain the people in their favor, that is, it is based only on lies.

Natural Law in Rome

Here natural right is clearly written by a philosopher named Marco Tulio Cicero.

Ciceron

He was born in 106 .C in the city of Italy and died in formies in the year 43.C. It was a Latin philosopher, which belonged to a family of commoners. In his youth I travel to Rome where I am part of the lessons that many speakers and jurisconsults gave, at the time the Civil War of the year 82 to.C began studying the law career which made it one of the most famous characters in Rome.

Then I travel to grace to continue its formation based on philosophy and politics which led it to be the disciple of Epicurean and Diodot.

Then he returned to Roa and was known as a more important Roman trader, in which he mentioned that natural law was delivered to man for his right reason since that law was the one that emanated reason. And he was based more on the reason why he mentioned that reason was the one that helped us make decisions and understand everything. For them, man reflected the reason he has when creating laws since those laws were based more on well -being for all people.

The antecedent that the law had was reason, but also mentioned that there was an antecedent rather than reason, which was the cosmic reason.

Representatives of iusnaturalism (Christianity)

These representatives have a common ideal is that they mention the existence of God.

Saint Paul of Tarso. He is one of the most important characters in Christianity and is considered a great man, he is the author of the Epistles of the Romans in which the concept of the law is written. There are four types of meanings on the concept of the law mentioned in the epistles which are:

• The eternal law or the law of God, is written in the Bible in the book of Romans 7: 22-25.
• The Law of Reason is written in the Bible in the book of Romans 2: 14-15
• The law as a norm of conduct and the law of sin, is written in the Bible in the book of Romans 6:14

According to this author, it shows us that natural law is reflected thanks to eternal or divine law. Saint Paul of Tarso was an apostle who described that God’s will is only to love. It should also be stressed that God’s justice is not based on axiology, accepted by humanity, if they are not unmotivated decisions that charge justice for the simple fact that divine justice emanates.

• The Holy Fathers

San Agustin. He performs a conception that speaks of the Christian community by joining it with historical philosophy which I represent as a republic, which is based on the last point of spiritual development of each man or human being.

Saint Augustine created a book which title "The City of God" which he wrote in order to defend Christianity against the Idolative accusation. It also manifests a very important point to the man where he divides and states that man belongs to two cities which are:

• His birth city
• The city of God

St. Augustine became explicit in the religious sphere by this distinction, also makes known his concept that the nature of the human being is double, where he shows that man is a body, but it is also a spirit and this is what makes himhave two citizenships that of this world and that of the heavenly world.

It also states that law and law are not equal since the law is only a part of the law, the law is a part and the right is the whole. He creates a classification, of the law but this is also complemented by Santo Tomas de Aquino in the eighth century.

Saint Thomas of Aquino. Performs a classification of the law to which each person in which his rational justification is coming from God is subjected to and that his modification is possible from the point of view of natural law.

1. Natural Law. This law is through which God governs all its creation, this refers to all the will that God sends and is known thanks to natural law, since it is immutable and universal. But Santo Tomas, states that the reason for the divine wisdom is the one that directs actions and movements. This eternal law is known only for God and is the one that emanates order for everything, human beings can only approach such law and make some assumptions of it, but the seal of that law is reflected in the heart of all men, throughwho know the good and the bad.
2. DIVINE LAW. They are the sacred Scriptures of God "The Bible" and everything that is written in it is reflected in each of the hearts of people, since it is the will of God which gives orders to keep an order naturally and notdisturb such order. As a clear example we have the 10 commandments.
3. Natural Law. It is the reason that is written in the hearts of men. They are those elements that emerge from the divine law, in which man can understand and distinguish between good and bad.
4. Human law. They are all those norms created by man to promote the common good and get a society with harmony, but this law can change it with the passing of time by the same man who believes or for others who can also do it. The end of this law is to promote peace. Do good and avoid what is bad.

Francisco Suarez. This priest also accepted the classification of Santo Tomas. He also considers that natural law is present in the conscience of man because God I recorded it there. The nature of man is not natural law, this is only part of what eternal law is.

Natural law has a mandatory nature when it manifests itself in consciousness. The main material in natural law is honesty which belongs or enters morality. It also states that this law is one for all ASA men at any time and anywhere since it is an objective and absolute law. Suarez distinguishes three orders in the precepts which are:

• Universalism. I write that good must be done and avoid evil.
• Immediate conclusions. They are those principles that are tied to universalism.
• Other precepts. Are those precepts contrary to the principles and also these can be modified.

Suarez also mentions that natural law itself is immutable and therefore it cannot be presented modifications in its contents. Natural laws remain stable while humans do not modify.

Classic School of Natural Law

• First period

Hugo Grocio (1583-1645). He makes a distinction between natural law and voluntary law. Showing in his writing that natural law is based more on the rationality and socialization of man, the precepts that Grocio gives within natural law are the following:

1. Abstain.
2. You have to comply with what is agreed.
3. Indemnify the damage caused guilty.
4. Punish who has deserved it.

Grocio believed that natural law must exist thus whether in the event that God did not exist.

• Thomas Hobbes (1588-1679). He is based more on reason and that this leads to men to live in peace and from there that is where natural law is born. He writes the right reason, where each man must do the good and refrain from everything bad in order to preserve the life of the members of society.

For Hobbes, natural law had the same value as a moral norm.

• Benito Spinoza (1632-1677). The conception of this has many similarities with the conception of Hobbes, but he clearly speaks of the fact that men are guided according to their ambition of power, so society seeks the creation of a state where a man governs him. For Spinoza, natural right agrees with the provisions of the sovereign that are the result of the ruler of their own interests.
• Samuel Pufendorf (1632-1694). Talk about man has 2 innate tendencies: to conserve his life in society with other people. And here natural law is reflected by these, and it is that each person tries to preserve himself without disturbing others and that no one will lead to another person in a hurtful way and that this does not complain that there is inequality.
• Second period

1. John Locke (1632-1704). Speech that man has the ability to apply natural rights. In this period the opinion of the people where they have given the power for the State where the laws of natural law and other rights remain inherent are taken into account. The natural right to the Judiciary is delivered.
2. Carlos de Montesquieu (1689-1755). He states that there must be individual freedom within the State and writes so that there is the separation of public authorities.

• Third period

1. Juan Jacobo Rousseau (1712-1778). He seeks that natural law be fulfilled and care for the majority of the people. He describes a state of nature that is characterized by its goodness and that preserves its freedom and equality from the appearance of private property which generates inequalities and therefore goes to the social contract.

Conclusions

In conclusion, to all this investigation we have podium to know from where and how natural law is born from the natural and rational perspective of the human being and from a supreme entity that is God. Natural law is born thanks to the nature of all men and is created to foster the common good and a harmonious society.

Natural law imposed by God is an eternal law that cannot change over time since it is eternal and that positive law cannot go over natural law since positive law is created based on what natural lawIt already has, so they depend on each other and none is superior to another.