Jurisprudence- Natural Law

Question 1

Define: Jurisprudence

Answer 1

Philosophy of the law; asking: What is Law?

For centuries philosophers would look to analyse the law critically.

Question 2

Western Jurisprudence

Answer 2

The legal tradition that NZ with British colonial law in the mid 19th century.

Question 3

Other jurisprudential traditions

Answer 3

Confucianism and Islam

Question 4

Ancient society and Naturalism

Answer 4

Before questioning the existence of truth, philosophers debated how to best order society and regulate human affairs.

Ancient society produced law, but not a coherent body of legal theory.

Question 5

What is the basis of Western morality?

Answer 5

Western law comes from the Old testament; Moses and the 10 Commandments.

Moses oversaw the creation of a new legal system.

The old testament has been very useful to Western jurisprudence.

Question 6

Elements of the ten commandments in modern law

Answer 6

Shops closed on the Sabbath
Retail ban during Christmas/Easter
Commandments against lying, stealing and killing reflected in Western Law.

Question 7

What is the historic answer to ‘what is law’ (following the commandments)

Answer 7

According to Judaic law, would be ‘the rules handed down from God to Moses’

Question 8

What was the first society to question Law without religion?

Answer 8

Greece

Question 9

Three Greek philosophers

Answer 9

Socrates
Plato
Aristotle
(not strictly legal philosophers)

Question 10

Socrates

Answer 10

One of the greatest questions of jurisprudence: should a person follow an unjust law?

Socrates taught his students to be moral people
- Socrates was found guilty in a farcical trial, as people
threatened by his open minded approach.

Question 11

Socrates Natural Approach

Answer 11

Based on morals than legal definition

Question 12

Plato

Answer 12

Contributed a vision for the perfect legal system.

• Promoted the concept of philosopher King
• A benevolent ruler that wisely makes rules for society.

Question 13

Early Democracy

Answer 13

Restricted to an elite few

This form of democracy did not last long.

Question 14

“The Laws” by Plato

Answer 14

Envisioning a system of codified law, administrated by a government of sorts

Saw the law as something made by the people as a relatively new concept.

Question 15

Aristotle

Answer 15

Aristotle took a teleological approach; looking at the results rather than cases

Question 16

What did Aristotle say human kind’s ultimate destiny was?

Answer 16

The ultimate destiny was to achieve goodness

Any institution was deemed good if it helped people to achieve goodness

The same was true for evil

Question 17

What is the influence of these philosophers on New Zealand?

Answer 17

We debated the place of natural law

Concluded that law should meet some objective moral standard (read more of this)

Question 18

Grecian Jurisprudence

Answer 18

‘The role of reason’

- Reason could be used to explain the workings of society as well as suggest the best course of action.

Question 19

What did all three philosophers rely on?

Answer 19

They relied on the idea of human intellect to explain the workings of the world.

Question 20

Cicero

Answer 20

A politician with much practical experience making law.

Question 21

What did Cicero do?

Answer 21

He divided the law into three distinct categories;

• Divine Law
• Natural Law
• Positive (Human Law)

The main emphasis was on Divine and Natural law