NATURAL LAW SCHOOL OF THOUGHT DISCUSED

hey they're fit again welcome viewers to this episode we are still on social foundations and perspective of law today I would like to begin talking about the schools of thought schools of thought that I'd like to begin with one natural law school of thought this nobody other than Saint Thomas Aquinas an Italian Dominican Catholic priest Italian philosopher a moralist who better explained to us the understanding of law from the moral perspective Sir Thomas Aquinas divided his understanding of law in four categories first category legs Davina divine law second category legs eternal that is eternal law third category legs natural that is natural law and finally legs human that is human law in legs Divina st. Thomas Aquinas had clearly thought of the supernatural being God in this case the divinity that is the author or the legislator of the law and he gives that load to his people his people have got only to obey that law and keep the legislature happy this is the look that man has got no said on man cannot change it cannot amend it cannot appeal it cannot challenge it in court it is lacks Divina it is divine law that one also was detected in the traditions in the past in which the Kings were seen as people sharing the divine powers that's why the decrease from the Kings were not supposed to be challenged by any of the subjects good back to st. Thomas Aquinas legs eternal or eternal law is the law of nature the law of physics has recorded or the law of senses it is slightly different from the presence of God in the legs davina in which God gives the ordinances to the people to follow in the eternal law it is the law that is perpetual it will always be there and is found in a nature how the natural yes well he explains this better again a legs natural that is natural law natural laws and Thomas Aquinas in his philosophical postulation sees that human beings are endowed with rationality here he concurs with Aristotle in the fact that human beings are rational beings they're beings capable of reasoning thinking logically and acting on what they have in mind so the mind the conscience the wheel that empowers people to carry out certain acts is what makes in Thomas Aquinas elaborate further on the natural load Theory so within our nature there is in built to be a born with certain capacity to understand and make such a judgments in our actions this is the the Nexus of the relationship between the law as we know it and the morality that besides the law there's also our inbuilt power or not intuition of course but inbuilt power to intellect to look to rationalize about certain actions and this is within our nature he gives a good example about the procreation the procreation that is in nature is a dictate of natural law it is not a dictate of human beings and things procreate undoes the continuity in our natural space and it is good that Saint Thomas Aquinas has brought about this kind of understanding to build our broader knowledge on the understanding of the jurisprudence and the study of social foundations well Aquinas comes to another way of looking at a standing law as man-made law that is legs woman that is human law human law that Aquinas had in mind is that man can make rules and principles can be adopted to govern his environment in terms of policies and in terms of agreeing to do to do certain things and that is regulated within our social context and st. Thomas Aquinas puts again the human capacity to reason to rationalize in this conception of legs human legs omana is not eternal it is not divine it is man-made and we can see that right in the legislation making process we can see that in the statutes we can see that as well in the Constitution and in that case and Thomas Aquinas was right and it is thinking that such legislation she also go through the moral judgement in terms of good dog and bad law now what again explains the natural law school of thought is the judicial systems that are distinct in themselves the natural school of thought or the natural law school of thought tend to adopt inquisitor own system in which the judge the arbitrator or the magistrate the magistrate or ax is in charge of the judicial process of the trial the judge can order for more investigations to be carried out it will requires the judge can as well question the parties in order to understand the veracity of the facts and evidence presented in court before making a final ruling in visitorial systems belief in the presumption of guilty till proven innocent we are all guilty until proven innocent and that is why when a police officer approaches one in such circumstances it is the person to prove innocent but the prosecutor assumes or presumes that the individual is guilty in the opposite we find in the common law conditions that the adversarial system puts it on the contrary we are all presumed innocent to be innocent till proven guilty that means one must go to court to bring a case but in the inquisitorial system it is not always the same that one must go to God the code can also go through an individual and open investigations so this systems operate in different various countries we know that all this comes from the European traditions we have the continental Europe at the air into the traditional Roman settler court and the court of Napoleon Bonaparte the French dictator ruler that ruled for some time and important Italian civil court upon death the Empire area that he conquered and that case we find the French Roman civil law court being again replicated and adopted in different coffin African current states that were formerly colonized by France and the formerly colonized States by Belgium also adopted the natural law school of thought in the sense that their system is that Roman civil law system when such kind of distinctions are going to be explained further but in this sense and that in the common law system the judge is strong is constantly in passion should not be knowledgeable about the case before the bench are the parties are the ones to bring facts evidence and make the argument in this case the judge is this and the judges discount and the judge doesn't interrogate or question parties directly but tends to be impassioned and respecting the principle of the presumption of innocence till proven guilty well in today's brief synopsis lecture it was about introducing the schools of thought and we started with the main one the natural law theory school of thought and the exponents and proponents of this theory is one not other than st. Thomas Aquinas we followed with no naturalist theorists such as John Venus such as Donald Dworkin and many other thing has both in the modern time in the 20th and the 21st century we are going again to carry on with the discussions of presentations on other schools of thought but for your understanding the natural law school of thought is the major will follow up with the positivist law school of thought and the realist law school of thought and finite will conclude with the sociological or historical law school of thank you for watching this video presentation we ask you to keep on promoting and encouraging these presentations thanks so much and keep safe

Channel: PETER ONYANGO ONYOYO

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Id: LEUGvcN5iEI

Length: 12min 43sec (763 seconds)

Published: Thu Apr 09 2020