Roots of Natural Law The Greek Cosmos Legal Positivism The dominant legal theory of modernity Something posited

ted created by humans Background of human subjectivity multiple backgrounds BUT common rules and agree on process by which humans and *state* organize creations of rules/principles and recognize as law Natural Law Usually accepts that law can be seen in the positivist fashion The slogan an unjust law is not a [real] law actually indicates that, o BUT in some circumstances the law that has been successfully promulgated by state fails some test BUT natural law also specifies that law properly understood provides normative reasons for acting Modern Natural Law Characteristics Law establishes reasons for action Its rules can and presumptively (defeasibly) do create moral obligations that did not as such exist prior to the positing of the rules That that kind of legal-moral obligation is defeated by a posited rules serious immorality (injustice), and That judicial and other paradigmatically legal deliberation, reasoning and judgment includes, concurrently, both natural (moral) law and (purely) positive law Modern Natural Law shares the ontological conceptions of modernity Does not see reality as something simple MOST forms of modern natural law accept the victories of scientific enlightenment, NOT a simple understanding of what humans are and what drives human society Origins of Nat Law The ontological thesis o What are humans, human nature o What is the cosmos o What is the relationship between humans and the cosmos o How should social life be organized issue for modernity is that we know so much cultural beings 1,000 of yrs of writing Positive Law Hobbes Law o Religion below the state o People represent the state o Took religious arguments out of understanding law

Greek Background A group of thinkers discuss and try to break the grip of custom Aristotle stresses humans are zoom politique By nature we are social The role of virtue To have faith in reason logos where you can discuss and argue Platos idea that to explain this through stories we are in a cave and accept the shadows as reality BUT reality of shadows and objects that cannot fully grasp beyond must seek to find other set of ideas by which we can criticize every day life in cave we are chained Someone must come in cave and take us outside teach us a higher form of knowledge THEN person can go back to cave and rule THEN suitable to create rules MAIN idea to get away from grip of custom

Greek Conflict Antigone Her father is king and dies dispute about who should be ruler should it be Kreon brother in law of Antigones father or one his sons (normal) But due to religious curse father under devastated kingdom council recognized right for Kreon to rule 2 sons of father 1 supports and other says insult to family name, honor, law and that 1 should be king Battle 2 sons confront each other through two spears kill each other Kreon declares that son that fought to defend national hero huge funeral other son to be left on field and soul never able to get to other world Family under great obligation to ensure body is buried THIS is highest obligation besides that she is woman DOES give ritual burial she is discovered -

Justina Roman Goddess of Justice Above 1) authoritative government, 2) constitutional government, 3) military those who rule with force Blindfolded meant to listen to reason -