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What Is Natural Law In Canada

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What Is Natural Law In Canada
Should natural law be recognized by the Courts of Canada? Should the Supreme Court of Justice, the highest the level of court in Canada, allow natural law to be part of the decisions they make in their rulings? In Canada, Legal Law is used to settle private and public disputes and also for the sentencing of criminals. Committing a crime is against the law, which would mean that the person who committed the offence would need to serve the punishment unless it were special situations, such as duress or necessity. Natural law is based on the thinking of how people view the crime, the outcome of it and the morality involving it (Olivo, 2009, p.8). However if natural law were to be recognized in Canadian courts, there would be numerous criminals …show more content…
We would need to revisit theories about natural law and learn them with the basic concepts of what is right and what is wrong [Kries, 2007]. According to Kries (2007) the problem with natural law is that each human being knows the natural law, but it is in interpreting and have a written codified piece of work that makes natural law a problem to be used legally. Until we are able to decide upon what is right and what is wrong morally, not legally natural law can always be interpreted in many different ways. If we were to think about natural law, it would be defined as a person’s sense of morale. Whether they think something is right or wrong. Now according to this, if we look at a murderer or psychopaths, in their minds their concept of natural law could be distorted into thinking what they are doing is morally right. According to Kries (2007) it is our human nature that our soul is what defines natural law to us and there are 3 parts to human nature: the body, spirit and soul. Our soul has to parts the higher part and the lower part. The higher part is reason and lower part is …show more content…
If it cannot be understood as a social aspect then there surely is a flaw in it. How can we recognize something if it is a product of societies collective thinking? Society is always changing meaning that natural law consequently always changes. “Even when we understand the nature of the social ideal very clearly, we may still be greatly in doubt as to the best concrete means for attaining that ideal” (Furfey, 1959, p.105). Sociologists are concerned with what is disturbing the public order, even though some sins, such as murder and theft, are social problems a sociologist would see them as disturbances (Furfey, 1959, p.105). So off this fact if one day, society were to see murder as a normal thing morally and not be seen as a public disturbance, it would then completely defeat law in the form of natural law because it would then be changed and now allow for murder since it is so formally accepted in people’s

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