Importance Of The English Language In Law (Essay …
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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.
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Locke and the other Christian advocates of natural law believe that natural law is in accordance with the will of God not because they claim a divine revelation concerning the will of God, but because they believe that the nature of man and the world reflects the will of God.
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Hobbes claim that in the state of nature life is “solitary, poor, nasty, brutish, and short” can be observed to be false. It is true that during the dark ages, spontaneous order often failed, with bloody consequences, but even a few examples of spontaneous order suffice to demonstrate the existence and force of natural law, just as any number of non tigers cannot disprove the existence of tigers, but two tigers are sufficient to prove existence. In fact a state of nature is very rarely the war of all against all, as Locke pointed out. Spontaneous order held much more often than it failed. Natural law was the norm, both morally and in practice. Of course was not effective all the time, but it was effective often enough that its existence is an indisputable fact. Hobbes history was simply wrong. He took the dramatic events of history, and ignored the commonplace, and treated the dramatic events as the norm. In addition, those dramatic and bloody breakdowns of order that did happen during the dark ages were often the result of armies of refugees fleeing the lawless and criminal activities of states.
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