1. Original Schools of Thought: Divine Law, Natural Law and Positive Law
Philosophies of Law
Original Schools of Thought:
Divine Law, Natural Law
and Positive Law

2. Introduction Dig deeper and get a better understanding of the law
What is law?
Some argue law is what those in power say
law is force or the threat of force
Purpose of law

3. Philosophies of Law Many philosophies about the nature of law
Early legal philosophers aimed to answer several questions:
Is law merely the expression of the leader’s will?
Are there boundaries set by nature and reason that should serve as a guide for laws?
Does law derive from the word of God?

4. Divine Law Theory:
Earliest forms of law were based on religious doctrines.
Belief that all laws come from God(s).
Law is the product of God’s will; Individuals should thus incorporate it into their own legal codes.
Divine law cannot be changed or overruled because of its origins.
Human laws that violate it are invalid!

6. Natural Law Theory: 5th century BCE, Socrates, Plato and Aristotle
Argues that there is a “higher law” than the law made by institutions.
Common to all humans; derived from nature rather than rules of society.
It’s unchanging and universally applicable.
Similar to how natural physical laws (gravity) regulate the physical world, natural law regulates how human beings operate.
But, if human (positive) law conflicts with this higher (natural) law, human law should be ignored.

7. Natural Law Philosophers
Assume it is human nature to be good; all people strive to be good.
Goodness is essential to our well-being.
It imposes a moral responsibility on society to give each person his or her due (regardless of laws in place).
Goal: Understanding the meaning and purpose of law only comes with constant questioning. (reach beauty, morality)

8. Philosophers of Natural Law:
Socrates Plato Aristotle
(420 BCE) ( BCE) ( BCE)

9. Cicero (106-43 BCE) Justinian (483-565 CE)
Thomas Aquinas ( ) Saint Augustine ( CE)

10. Positive Law Theory:
16th century philosophers (Hobbes/Bentham) rejected idea of natural law
Created to challenge the power of the of the catholic church during the reformation.
Refers to laws that have been posited (have been put there) by a legislative authority. Contrasts natural and divine law.
Laws created by humans. Laws should be just!
Law & Morality do not necessarily co-exist.
Law reflects the opinion of those in power at times.
At times, law needs to be forceful to preserve order in society.

12. Philosophers of Positive Law:
Thomas Hobbes ( ) John Locke ( )
Rousseau ( )

13. Bentham (1748-1832) John Austin (1790-1859)
John Stuart Mill ( )

14. Example of a video: ms

15. Application of Legal Positivism:
Judges should not worry about the context of substantive element of the law, but rather if the law has been applied impartially:
A) “Letter of the Law”
- Law should be applied as written
B) “Spirit of the Law”
- Intent of the law should be taken into consideration
Some laws may be morally unjust or have undeniable social effects, but they are still ‘the law’.

16. Mini-Presentations
In partners, you will be required to create a short presentation (5-8 Minutes) that conveys the main beliefs about a specific philosopher. This presentation should prepare you for “Making of the Criminal Minds”!
Content Requirements:
Background Info of Philosophers
Highlight Main Ideas + Beliefs
PP/Prezi Summary - Skit Debrief/Explanation/Interview
Due Date: March 9th
Assessment:
20 Marks (C) Content, Presentation Skills

18. Essence of law Understanding the relationship between legal concepts:
Democracy
Sovereignty and Jurisdiction
Power and Authority
Legitimacy and Ownership
Rights and Duties
Equality and Equity
Morality and Humanity
Law and justice

19. Democracy
Form of government which power is given to the people through a system of representation
Masses can vote for representatives who make laws on their behalf
Argued – once elected representative can make laws majority wouldn’t support
Democracy is criticized because the freedom given to the majority may be used to harm a minority
Example: fight for self-government by Aboriginal peoples in Canada reflect the problems of being a minority within a majority in a democracy

20. Sovereignty and Jurisdiction
Sovereignty and jurisdiction closely related
Sovereignty  nation-states (societies with defined boundaries and laws) are free to impose whatever laws they choose within their own territories
Freedom to act as they wish (defend borders without interference with neighbouring countries)
This remained intact until end of WWII
How did Germany enact the Sovereignty?

21. Result – in 1945 the UN set up an international organization to promote peace (limiting the sovereignty of nation-states)
Idea that international law could act as a guarantor of individuals’ rights against the abuses sovereign states has

22. Jurisdiction
Parameters within which power or authority may be exercised