Sample SummaryAnalysis Essay

Natural Law

Date of publication: 2017-09-05 07:43

Mises theory of human action is correct, but the important thing is not to apply it merely to allocation of resources, as Mises did, but to questions of good and evil, lawful and unlawful, as Hayek did. Knowledge of the rights of man is more important than knowledge of what area should be planted with cabbages.

Natural Law and Sexual Ethics

The natural law is comprised of those precepts of the eternal law that govern the behavior of beings possessing reason and free will. The first precept of the natural law, according to Aquinas, is the somewhat vacuous imperative to do good and avoid evil. Here it is worth noting that Aquinas holds a natural law theory of morality: what is good and evil, according to Aquinas, is derived from the rational nature of human beings. Good and evil are thus both objective and universal.

Natural Law: A Summary and Critique | Darash Press

The definition of natural law that I have just given is similar to that used in the middle ages, but this definition is not obviously scientific. It fails to show that natural law is legitimately part of science. To show that the study of natural law is part of science - part of sociobiology, it is necessary to restate the definition in the same value free, game theoretic, terminology that Reeve & Nonacs would use to describe the social contract in wasps.

Thomas Hobbes: The Elements of Law Natural and Politic

In the twentieth century this view came to widely accepted. People came to believe that civil society only existed by fiat of the state, that the state existed because its army and police were armed, and the people were unarmed, that the state existed by force. Even people who loved freedom, such as Hayek, reluctantly accepted this idea as true.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [59]

In its original definition, empire referred to a 697 centralized bureaucratic 698 state. As S. N. Eisenstadt noted, 697 Its basic connotation, as manifest in the Latin Imperium, is the existence of a relatively strong center... diffusing its authority over broad territorial contours. 698 [66] A second definition, however, has gained ascendancy, associated with a policy of imperialism, in which a powerful state exercises control of various kinds over a weaker state.

Natural law derives from the method and approach then called natural philosophy. For thousands of years advocates of natural law would start with what is now the standard rationale for sociobiology, by pointing out how the wolf and the deer each have natures and inclinations appropriate for the kind of life they needed to live and to take proper care of their offspring. Today, in the language used by modern sociobiologists natural law is the ESS (Evolutionary Stable Strategy) for the use of force, employed by our species and by like species, applied by us by means of reason to problems and circumstances that confront us today. In older language, it comes from the tree of knowledge, which made us as gods.

In the middle ages the Medieval scholars defined natural law in a deliberately circular fashion. There was “Ius Divinum”, “Ius Commune”, and “Ius Naturale”. “Ius Divinum” means, more or less, the divinely revealed will of God. “Ius Commune” means, more or less, the long established customary law of nations, peoples, and states that are generally regarded as reasonably civilized.

The tendency of the system is thus toward empire. Centralized state power is viewed as essential to cope with the 697 evils 698 of the existing system. This in turn suggests a bureaucracy to run the increasingly complex society. Both the politicians and the intellectuals (the large number of the latter a direct result of the great affluence) see such a rationalized bureaucracy based upon merit as the way to control the power of the 697 vested interests. 698 In the final analysis, however, the aim of every bureaucracy is to protect itself above all else. A power struggle is generated between the ruler, the bureaucracy, the economic interests, and the people as a whole, often complicated by the military as a separate and distinct group within the state apparatus.

The Soviet Union used the religion of communism to give their state cohesion, while the state obliterated civil society and physically exterminated the kulaks (the Russian equivalent of the English yeoman). When the rulers had faith, they were a danger to their neighbors. When they lost their faith their empire eventually fell, and their statist society is collapsing as I write, showing that democracy without economic liberty is worthless and unworkable, whilst Chile, Taiwan, and Thailand show that economic liberty eventually leads to all other liberties, because most natural rights are derived from the right to property. A civil society can only exist if there is a reasonable degree of economic freedom, if property rights are respected.

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