Natural Law: An Introduction to Legal Philosophy

By A. P. d'entrèves | Go to book overview

CHAPTER V
LAW AND MORALS

THE relation between law and morals is the crux of all natural law theory. The theory not only requires an extension of the notion of law. It also implies a definite view about its compass. The problem is no longer one of form or of structure. It is a problem of content. The content of law is a moral one. Law is not only a measure of action. It is a pronouncement on its value. Law is an indication of what is good and evil. In turn, good and evil are the conditions of legal obligation.

The problem of the content of law is far from being ignored by present-day legal positivists. They frankly admit that every system of laws corresponds to a particular "ideology". They refer to the "sociological background" as a necessary part of legal experience. They recognize that law is not only a command, but also the embodiment of certain values. The difference lies in the manner of conceiving those values. Natural law theorists would never have admitted that law is merely the expression of the standards of a particular group or society. They believed in absolute values, and they conceived of law as a means to achieve them. "Law is the furtherance of what is good and equitable.""There is no law unless it be just." "The end of all political association is the preservation of the natural and imprescriptible rights of man." I have chosen my quotations at random. We are no longer concerned with what divided their authors. We are concerned with what they had in common.

The close association of morals and law is the distinguishing mark of natural law theory throughout its long history.1 The very enunciation of natural law is a moral proposition. The first precept of natural law, says Thomas Aquinas, is "to do

____________________
1
Maitland, it may be remembered, connected the doctrine of natural law with "the jural conception of morality" ( Collected Papers, I, p. 23).

-80-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Natural Law: An Introduction to Legal Philosophy
Table of contents

Table of contents

  • Title Page 1
  • Contents 3
  • Foreword 5
  • Introduction 7
  • Chapter I - A Universal System of Laws 17
  • Chapter II - A Rational Foundation of Ethics 33
  • Chapter III - A Theory of Natural Rights 48
  • Chapter IV - The Essence of Law 64
  • Chapter V - Law and Morals 80
  • Chapter VI - The Ideal Law 95
  • Conclusion 113
  • Index 123
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 126

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.