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Term Paper on
The
Idea of Natural Right
By "natural law" we mean principles of
human conduct, not the laws of nature discovered by the physical sciences.
Many philosophers who advocate natural law see it at work in both the human
and nonhuman areas, but their chief concern is in its unique importance to
man. According to these scholars, the natural law as applied to physical
things or animals is unbreakable; stars and atoms never defy the laws of
their nature. But man regularly disobeys the ethical rules, which represents
the law of his exclusive human nature.
The idea of a natural right order to which, all things; including human
beings, should conform is one of the most earliest and universal
philosophies. It is the main belief in the religious and philosophic systems
of ancient India and China, as well as in traditional Greek philosophy.
Plato calls it "justice" and applies it to the human soul and human conduct.
In Western civilization, particularly from the Roman jurists and the
theologians of the Middle Age on, we find the doctrine of the natural moral
law for man. It is the basis of ethical principles, the foundation of moral
judgments, and the gauge of justice in the man-made laws of the state. If
the law of the state runs counter to the principle of the natural law, it is
held to be unjust.
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The first rule of natural law is to seek the good and avoid sin. It is often
put as follows: "Do well unto others, injure no one, and render to every man
his own." Now, certainly, such a universal rule is ineffective for organized
society unless we can use it to stipulate different kind of rights and
wrongs. That is exactly what man-made, or helpful, law tries to do. Hence,
the natural law tells us only that robbery is wrong because it causes harm,
but the positive law of stealing describes the different types and degrees
of theft and imposes the penalty.
Disregarding or rejecting the difference between real and apparent goods,
together with that between normal wants and acquired wants, the positivists
can find no basis for the difference between what "ought" to be desired or
done and what is desired or done. Hence it shows, that there is no natural
moral law, no natural rights, no natural justice, ending up with the
conclusion that man-made law alone determines what is just and unjust, right
and wrong. This optimistic analysis is as old as the despotisms that existed
in ancient times.
The denial of natural rights, the natural moral law, and natural justice
leads not only to the constructive conclusion that man-made law alone
decides what is just and unjust. It also leads to an outcome which
inevitably connects itself to that conclusion -- "that might makes right" --
this is the very spirit of a tyrannical or autocratic government.
Heidegger, was a German Philosopher, he was an idealist, who spent his life
searching for spiritual authority. Heidegger was right when he said that in
humans, the more shallow representative-calculative thinking is "dominant,"
because that is the thinking of the accountants, and it is the accountants,
not the engineers or the scientists or the ethicists, who write the bottom
lines. Ethics has always been the fundamental duty of philosophy, thus what
philosophy wants to become is in line with a lawful way of considering what
it always have been.
Techno-industry-calculating need not be the only criterion for human
thinking, is not as strange a possibility as Heidegger makes out. He
followed a steady path his whole life, i.e. a search for spiritual
authority. His ultimate passion was to fight relativism; the cause or basis
of this relativism, is something called "multiplicity". It is what really
throws us into danger and threat. Therefore, many, as opposed to only one,
are the source of the threat we should be experiencing from the ensuing
"relativism." Hence many more threatening than the One. Multiplicity, in and
of itself, is not what he really fears so much as he does the "relativism"
that is produced by it.
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