Jurisprudence Essay

1049 WordsDec 17, 20135 Pages
Discuss the connection between natural law theory and fundamental human rights as articulated in Commonwealth Caribbean Constitutions. The natural law theory is a theory based upon the belief that there exists some higher supernatural being that is responsible for the creation of laws which govern human beings and is separate and apart from manmade laws. Natural law theory is universal and is applicable to everyone. Natural law is reflected in the manmade laws and is concerned mainly with aspects of morality. Natural law theorist see law as a guide for promoting the common good and hence developing the society by keeping things in check. It both provides a guide for the people working toward the common good and is a means of control for those who deviate from the common good. Hence they see law as a mechanism for control. Theorist like JM Finnis and Aquinas speak of the law in these terms as a mechanism which should promote the common good, which includes life. Commonwealth Caribbean constitutions speak of the fundamental rights and freedoms for citizens of the particular country and these would self evidently relate to the common goods which the natural law theorists speak of. Natural law theorists such as Finnis posit that all rational agents seek to attain what is good for them and sometimes may be mistaken as to what is good for them hence practical reasonableness steps in to help make this decision at any particular time. He also posits that there are seven basic goods for all humans which are fundamental, without which survival is impossible. They are Life, Knowledge, Play, Aesthetic Experience, Friendship, Practical Reasonableness and Religion. These goods finnis says are essential and they can only strive in a society of human beings with a proper legal system. Hence without a legal system the attainment of these is goods is impossible. Each country

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