Essay on Natural Law Theory And Neo Natural Theory

1985 Words Oct 25th, 2015 8 Pages
Natural Law Theory and Neo-Natural Law Theory Natural Law Theory starts in the belief that there is an order to the universe. This ordering of the universe leads to laws that are natural; things have a purpose. The principles of law are an inherent part of nature. Even without the human capacity for reason, the principles of law would exist (Perlman). From a moral perspective, natural law is an affirmational objectivism, meaning that there can be a reasonable validity to a moral position. As an example, natural law theory would hold, the purpose of sexual functioning in human beings is procreation. Any type of sexual functioning outside of that purpose (you can use your imagination) is immoral, because it is unnatural (“Inspired” by Aquinas pages 55-56 Question 94). In comparison, neo-natural law holds that the laws are made by man, and that the purpose of those laws are to bring order to society, and allow it to flourish. This is similar to the traditional natural law theory, but is a functional form. In the Philosophy of Law textbook the selection from On Law, Morality, and Politics by Saint Thomas Aquinas, explains the distinction between natural and functional is in the labeling of functional as commands or ordinances (Aquinas 55). Labeling does not make them any less a law, it just distinguishes that they are man-made. This distinction between natural and man-made laws, sets up a contrast that can be made between natural law and neo-natural law theories. The…

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