Sunday, December 15, 2013

Naturalism School of Thought


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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