Origins of Law

Question 1

“If law was not created It could have been discovered.” What are you being asked to do?

Answer 1

I’m being asked to discuss the origins of law.

Question 2

If asked a question about the origins of law how do you answer?

Answer 2

Intro: Define law, talk about it having two schools of thought

body: positive, and natural law school of thought, where the two schools agree, the reasons for law

conclusion.

To conclude Law could have either been directly created by God or discovered by man, but one thing is clear that necessity of law will always from invaluable to society ensuring that there will be always some kind of law.

Question 3

What is law?

Answer 3

Law is a rule of human conduct imposed on and efforced among human beings of given society

Question 4

What the schools of thought of the orgin of law?

Answer 4

Natural and Positive school of thought

Question 5

What is the belief of the natural school of thought?

Answer 5

Led by Thomas Aquinas, they believe that law comes from God and can be found in the Bible or Quoran, in the form of the 10 commandments given to Moses

Question 6

what is the belief of the positive school of thought?

Answer 6

Led by John Austin and Jeremy Bethan they believe that law was created by man, to govern man, and that law cannot be called law if it does not have enforceable consequences unlike the law believed by the natural school of thought which is moral in nature with no direct enforcable consequences.

Question 7

Where do the two schools of thought agree?

Answer 7

Even though they both all have their own point of view the all believe that laws as some point in their origin take their rise from man.

Question 8

What are the reasons for why the law exists?

Answer 8

-> There will be no order in society
-> Society will crumble
-> Man or his property will not be protected
-> The wickedness of man will not be able to be contained in him