1, is whether human law is beneficialmight we not do better with exhortations and warnings, or with judges appointed simply to do justice, or with wise leaders ruling as they see fit? And see I.3 below.) Classic and leading contemporary texts of natural law theory treat law as morally problematic, understanding it as a normally indispensable instrument of great good but one that readily becomes an instrument of great evil unless its authors steadily and vigilantly make it good by recognizing and fulfilling their moral duties to do so, both in settling the content of its rules and principles and in the procedures and institutions by which they make and administer it. (The first issue that Aquinas takes up about human law in his set-piece discussion of law, Summa Theologiae, I-II, q. Green 2003), the question whether law is of its very nature morally problematic has from the outset been the subject of consideration by leaders of the tradition. On the one hand, natural law theory holds that law's source-based characterits dependence upon social facts such as legislation, custom or judicially established precedentsis a fundamental and primary element in law's capacity to advance the common good, to secure human rights, or to govern with integrity (cf.
The sense and force of these questions, and the main features of the kind of answer given by natural law theories, can be given a preliminary indication. Natural Law Theories (Stanford Encyclopedia of Philosophy)Ħ hours ago 1.
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