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St. Thomas Aquinas: the Human Law and Natural Law Debate

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The Human Law and Natural Law Debate
Heather Saunders
250583261
Thomistic Philosophy 2214
Dr. Fox
March 21, 2012

The Human Law and Natural Law Debate
Are we naturally moral creatures? Do we always act towards the common good of others? I am positive that we do not, and in fact, as much as society wants to, we go against our morals and lead with our ‘feelings’. These feelings may feel right, but it doesn’t mean they will lead you in the right path to fulfil your ultimate end, true happiness. Hitler was a passionate man driven by feelings, but what he felt and did during the World War Two era was not for the sake of the common good, and was not morally right. In today’s society we often struggle between what is legally right and what is …show more content…

In an example of Canadian Law that contradicts natural law of self-preservation is Section 43 of the Criminal Code of Canada, otherwise known as the spanking law. It states that “every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances. [R.S. c.C-34, s.43.]” (Barnett, 2008). This law does not define reasonable force, it does however exclude those under 2 and over 12. This means parents and teachers are allowed to physically punish their child and use this as a legal defence in court. Since there is no definition of reasonable force, it can cover extreme violence, such as beating using objects like hands, feet, wooden boards, rulers, electrical cords, etc. There have been cases in which the child was severely abused and the parent did not get charged and had their parental rights reinstated because of Section 43. This Canadian law that is still enforced today, is the exact opposite of acting towards the common good. It not only contradicts natural law, but it is morally wrong. The reasoning of this law is that some people to this day view children as lesser, incapable human becomings as opposed to competent social actors in their own lives. This in itself is a fictitious belief

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