According to the sophists, natural law is innate in man and is the product of truth. The law of the state is product of mere opinion and they often command men to do things that are unnatural. Law has the capacity to meet the challenges and problems of the society. It is helpful in the sense that it enables us to validate and ascertain the validity of the unjust law and abuse of liberty. “Without the natural law, a just man in a slave society would have nothing to guide his conscience as to the impropriety of slavery and slave trade”! Thus natural law is law of reason and dive. It allows anyone to hold a view about law and moralizes law.
STATEMENT OF PROBLEM
The social relevance of Hart's concept of law seeks to promote good conduct, the general good of all and good rational policies. In his contribution to law, he tried to bring answer and to see whether his concept of law would be able to clear the controversies surrounding the question, what is law? Meanwhile, the question as to what law is and its purpose in society has lately preoccupied and minds of legal theorist and philosophers. This problem has also led as to whether law has any affinity with morality as was championed by the naturalists school and the positive school. It was this debate between the natural law theorists and positivists school that made professor Hart to come up with a distinct concept of law, which is the basic frame work of my research.
We shall equally show the criticism the natural law theorists exposed themselves to. Remedies available towards the fallacies and criticisms of natural law doctrine would be examined. Individual opinions, suggestions are also carefully discussed.
PURPOSE OF STUDY
The purpose of this research work is to show the relevance of law in our society and how it relates with morality. Also I intend to bring out or analyze the concept of law by H.L.A. Hart; and how other philosophers criticized his view of law.
SCOPE OF STUDY
Different scholars have contributed to the notion of law. The scope of this work shall be limited to the view of Hart, Tomas Aquinas, L.L. Fuller, Plato e.t.c. We shall apply this law to man and see how law and morality mingle with the society.
METHODOLOGY
To enhance this paper and interest my readers, the method of exposition and critical analysis are involved.
SIGNIFICANCE OF STUDY
This research will enable some people to know the difference between law and positive laws. It will also make some to be aware of the right they have in the society in order to avoid any kind of intimidation. Man needs law to realize and actualize his potentials.
DEFINITION OF RELEVANT TERMS
- Law: Philosophically, law is defined as an objective, general, necessary and essential connections between phenomena and objective, which are characterized, by stability and re-currence”.
- State: According to Robert Jordan is that political authority which maintains domination over a specific geographical area.
- Natural Law: Is that ideal or standard on which the law of the state should conform.
- Morality: Is that which regulates human conduct. It can also be seen as “the principles of good behaviour”.
CHAPTER TWO: LITERATURE REVIEW
Philosophers in the ancient, medieval and contemporary period have advanced different conception of law.
PLATO
Plato, one of the founders of the philosophy of law and as well as the natural law philosophy, saw law as an expression of reason and that ideal law is Reason. To him, law is necessary only when reason fails. But positive laws are only expressions of the reason and they are needed only because men are weak and cannot observe the law of reason without the help of positive laws.
ST. THOMAS AQUINAS
Thomas, who is a natural law theorist, says that law has to do primarily with reason. He is of the medieval period as well represent the medieval exponent of natural law doctrine. According to him, the universe is well ordered, rational and governed by the divine reason. He defined law as followed:
“An ordinance of reason directed towards the common good and promulgated by the one who has the care of the community”
He went further to say that natural law is the ideal law and the source of all valid laws. He also classifies natural law into two categories namely; the primary principles which he says is self evident and are known intuitively without being taught, and the secondary principles which are deduced from the primary principles.
JEREMY BENTHAM
He is a legal philosopher who sees law as the command of a sovereign to his subordinates. In his book “of laws in General Bentham defines law thus:
“A law can be defined as an assemblage
of signs declarative of a volition conceived
or adopted by the sovereign in a state,
concerning the conduct to be observed in a
certain person or persons, who in the case in
question are supposed to be subject to his
power, such volition trusting for its accomplishment to the expectation of certain events which it is intended such declaration should on occasion be a measure of bringing to pass, and the prospect of which it is intended should as a motive upon those whose conduct is in question”
