Natural Law Legal Jurisprudence Term Paper

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Natural Law is the law that exists outside of a politically ordered society. As a legal genre, it is fundamentally the law of nature, holding essentially that things are the way they are simply because, by nature, it is how they are. Philosophically, natural law expresses the basic, natural rights of all human beings. These rights are outlined and declared in such documents as the Declaration of Independence. Natural rights fundamental to Natural Law include the right to life, liberty and the pursuit of property; along with the belief that all men are created equally.

Historically, natural law has been more closely related to the common law than civil law. At its core is a fundamental belief that all laws derive from the natural world (or from a supreme being). The common law of a society is typically based on traditions, which derive from natural-world or spiritual beliefs. These natural beliefs are eventually transferred from the individuals and families to the sovereign state as groups of people organized into political systems governed by the rule of law.

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As applied to American law, it is quite clear the nation was founded on a theory of natural law. As previously stated, the Declaration of Independence cites four main principals of natural law: equality, life, liberty and property. These principles have subsequently greatly influenced the development of American-style democracy. For example, a fundamental component of American democracy is free-market capitalism, which is based on a belief of individual ownership of property.

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However, if the American legal system still operates under a pure natural law mentality, it could be argued that the death penalty is not be an option. Clearly the death penalty violates the fundamental natural law principal of life. Under a natural law… [END OF PREVIEW] . . . READ MORE

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"Natural Law Legal Jurisprudence."  Essaytown.com.  November 6, 2007.  Accessed July 27, 2021.
https://www.essaytown.com/subjects/paper/natural-law-legal-jurisprudence/342025.