Since natural law can be derived from what is inherent in human nature, it would be valid even if God did not exist. Thomas Aquinas has explained that there exists a system of moral beliefs accessible to human reason and independent of divine revelation. Man has a particular nature involving specific natural needs and the ability to use reason to recognize what is good for man in accordance with those needs. Although natural law is essential to Christianity, Christianity is not essential to natural law.
Natural law is in agreement with God's will, not because of divine revelation, but because the nature of man and the world mirror God's will. A person does not have to be a Christian to understand the conditions and framework of human existence and social life, although believers in the Divine will avow that the conditions and framework are of God's creation.
In creating each existent, God implanted the law of its nature within it. The law of nature, as dictated by God, is superior in obligation to all other laws. To believe in the natural law is to believe that there are moral standards that transcend the customs, practices, and laws of any given community. Positive law can be viewed as the system of rules created by humans in their attempts to put natural law into practice.
The Rule of Law Law is the activity of subjecting human behavior to the governance of rules. The rule of law is concerned with regulating the use of power. Whereas society is a spontaneous order, the state is a protective agent with the monopoly role of enforcing the rules of the game. Since the monopoly on coercion belongs to the government, it is imperative that this power not be misused. The laws protect individuals from other individuals, from organizations, and even from the government.
There are some exceptions based on what is considered free speech. Laws provide a framework and rules to help resolve disputes between individuals. Laws create a system where individuals can bring their disputes before an impartial fact-finder, such as a judge or jury. There are also legal alternatives where individuals work together to find a solution, such as by using alternative dispute resolution ADR.
There are courts at every level, from local to federal, to decide who should win in a dispute. Without laws, there would be no way to set standards. It is easy enough to see why murder and theft are crimes, but laws also provide a framework for setting many other kinds of standards. Without the Federal Code of Regulations, it would be difficult for individuals or businesses to transact businesses using banks.
Federal regulations provide enforceable rules and protections regarding taxes, commercial transactions, employment laws, insurance, and other important areas. But statist principle laws can also be dangerous. These laws restricting criticism of the government, such as flag burning laws that prohibit the desecration of symbols that remind people of the government, can easily lead to a politically oppressive society full of imprisoned dissidents and frightened citizens who are afraid to speak out.
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