What objection might one have to grounding legal theory in a presumed set of natural laws?

Purchasing and Supply Chain Management
6th Edition
ISBN:9781285869681
Author:Robert M. Monczka, Robert B. Handfield, Larry C. Giunipero, James L. Patterson
Publisher:Robert M. Monczka, Robert B. Handfield, Larry C. Giunipero, James L. Patterson
Chapter15: Purchasing Law And Ethics
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What objection might one have to grounding legal theory in a presumed set of natural laws? 

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  • Natural law theory says that human beings possess inherent values that rule our moral behavior and reasoning. These are some of the basic and fundamental mannerism of human nature that says that the rules of right and wrong are inherent and it is not the creation of the society or judicial body.
  • The natural law theory is the ethical theory, thus it is necessary to understand it through scientific and rational values. John Locke argues that people have a natural right to acquire unowned resources and land as their personal property, as nature gives them the right to live.
  • The law is created to provide safety and curb the wrong acts of harming others that are morally wrong.
  •  Thus, truly speaking we can say that there is a connection between the law and "the good and the natural”. The natural law makes one able to distinguish what is wrong and what is right and follow it.
  • Here is an objection to this theory because whatever is morally right for one may not be right for the other, looking at utilitarian theory the act is right or wrong depends upon the repercussion, on the other hand, the Kantian theory says the act is right if it is morally right and wrong if it is morally wrong, it does not take into consideration the consequences.
  • The laws are without exception made looking at the situation and judged on the ramification. So it cannot be claimed that took over mannerism would always produce a good morally accepted act and that is accepted by law as well.
  • The natural law theory was declined when the economic situation changed and new laws came into existence exhibiting positivism and materialism.
  • Human need is never met in our present society. The modern world and technology have made human into the machine; we have no time for ourselves because our contribution to society and our personal needs have multiplied. The natural law tells us to be morally good and to be true to ourselves and with God, but the human has forgotten the natural values in the present society.
  • The wrongness and rightness of an act depend upon how influential a person is in society, how much wealth one is having.
  • We have forgotten that Christians are having divine law to be followed but it is conveniently forgotten for worldly achievements.
 

 

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