The Law And Civil Law - 1668 Words

The concepts of law and justice are interdependent and deeply intertwined. The relationship between these concepts is able to be perceived through analysis of each independently and then comparatively. One of the primary questions concerning law and justice pertains to the balance and importance of natural law compared to civil law. Problems arise when defining what natural law and civil law are. The identification of natural or civil law as set boundaries provides its own queries. Along with the identity of these types of law, the existence of natural law is brought into question. The purpose of both natural and civil law is defined by the purpose of any law. Natural law may be defined as an unwritten form of rules that dictate man; this†¦show more content†¦Laws may be inviolable; within this instance it is perceived that laws (primarily of nature) exist without exceptions and if an exception is found, that exception is one where the law does not apply rather than an act o f disobedience. Laws may be general or specific to individuals. The conceptualization of some laws is perceived to be a creation of God. A law may be man-made, but not all are. Laws are not always absolute, but they are set to be followed. The kinds of laws are defined differently by different writers. Adler states that the â€Å"division of law into civil law . . . and natural law is not of Greek but Roman in origin.† The definitions of natural and civil law stem from the basic alterations in the explanation of what law is and how laws are created. Natural law, or a law of nature, may be defined as â€Å"a precept or general rule, found out by reason, by which a man is forbidden to do that which is destructive of his life, or taketh away the means of preserving the same.† Natural law is not a law made by man. The purpose of natural law is to endeavor to obtain peace. As discussed by Hobbes, natural law is similar to justice in that it may only be relevant to men in a civil society. Through his viewpoint, natural law does not apply to men outside of a Commonwealth due to the natural tendency for men to live in a state of war and selfish intentions. The idea of natural law only existing amongst a