Natural Law And Civil Law Essay

963 words - 4 pages

Leviathan as bearer of supreme authority and nationals who posses certain inalienable rights. We should draw attention to Hobbes’ reasoning about natural law and civil or positive law. According to Hobbes they both match with scope, form and content. However, natural law, which is impartial, equitable, legitimate, and moral in natural state is not the law itself; it just disposes people to peace, mercy, and obedience. Natural law is the laws that have existed and will exist forever. Governors and judges come and go, but natural law will exist forever because it is divine law.
Natural law becomes actual law after the state had been established. It is already written about civil or positive law, which became so because of will of bearer of supreme authority. People must obey civil law as it is impartial and virtue. The state establishes this law, makes it compulsory and sets the punishment for its violation. Natural law and natural freedom can be restricted by civil law for preserving of peace between people and uniting them against common enemy.
Thomas Hobbes made an effort to formulate his own understanding of state with a view at reasons and terms of state origin. His philosophical concept of state agues a thesis about two conditions of any human society: natural, where there is no state organization, and civil. That is why he divided philosophy into two main parts: natural philosophy and civil philosophy (state philosophy). As for the determination of the basic characteristics of state it is necessary to study people inclinations, affects, rights and morals, the state philosophy itself is divided into two sections: the first one, treating inclination and morals, called ethics, and the second one, studying civil obligations, called politics or just the philosophy of state.
Political studies of Thomas Hobbes created the necessary prerequisites for social compact theory, which found its development in the works of Jean-Jacques Rousseau, a famous philosopher of the Age of the Enlightenment. Jean-Jacques Rousseau argued that natural and fair state structure should be based on social compact. The background of this social compact is equality, true freedom and inalienable people sovereignty. He argued that fair state is a state where all citizens can participate in supreme authority. Moreover, each member of society should alienate his personal right to the state and in the name of common target. The will of people should obey the single common will of state.
Another famous French enlightener, Charles-Louis de Montesquieu, continued this democratic and humanistic tradition. He sought the ways of forming of government reforming through liberalization and democratization of society. In his work ‘'On the Spirit of Laws'’ he proposed the theory of separation of powers. Montesquieu asserted that checks and balances provided absence of abuse of power. He was the first who considered judiciary as independent and equitable branch of authority....

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