This
school of thought has opinion that law applied universal and eternal. According
to Friedman, the history of natural law is the history of mankind in their
effort to find the absolute justice. The definition of natural law sometimes
changes depends on the changes in society and the political situation.
Throughout
the history can be known the role of natural law in the variety functions, such
as:
• The natural law
is used to change the old Roman civil law into a law system that applicable to
the whole world
• The natural law
is used as a weapon in the conflict between the church and the medieval German
emperors
• The natural law
is used as the basis of international law and the basic freedoms of individuals
against the absolute government
According
to the sources, the natural law can be divided into two kinds, namely:
• The natural law
that comes from God (irrational)
• The natural law
that come from the human ratio (rational)
Thomas
Aquinas divides the principles of the law of nature into two types:
• Principia prima
is the principles that owned by the mankind since born and the characteristic
is absolute. Principia prima cannot be changed in any place or/and under any
circumstances. For example, the Ten Commandments by God.
• Principia
secundaria is derived from the principia prima. It is not absolute and can be
changed depends on the time and place.
The
background of the emergence of human ratio in natural law thinking started with
the birth of an era that well known as we know as Renaissance, an era when
human beings rediscover their personality. Renaissance has led to a sharp
change in all aspects of human life. The universality character where the
teachings of the church as the sole basis in every human motion ended by
itself, as a result of the decreasing of people trust to the church functionary
who prioritized the world rather than their duty as a sacred church
functionary. Renaissance era has generated a new world that aroused the
beginning of the individualism era continues to grow and grow rapidly until the
now. The role of human ratio steps forward. Human ratio is no longer an
interpretation of God. It is apart from the order of God. Therefore, now the
human ratio now is the sole source of law.
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