What philosophy views law as a reflection of a community's moral beliefs?

Disable ads (and more) with a premium pass for a one time $4.99 payment

Study for the ASU CRJ100 Exam 1. Use flashcards and multiple choice questions with hints and explanations. Prepare effectively for success!

The philosophy that views law as a reflection of a community's moral beliefs is natural law. Natural law theory posits that there are inherent moral principles that are evident in the natural order of the world and that these principles should inform human-made laws. It asserts that the legitimacy of law is tied to its alignment with moral values and human rights, suggesting that law is not just a set of arbitrary rules but is grounded in ethical considerations that ought to be universally recognized.

Natural law has historical roots and can be traced back to philosophers such as Aristotle and Aquinas, who believed that true justice and law emerge from moral standards that exist outside of man-made statutes. This perspective contrasts sharply with other legal philosophies, such as legal realism, which emphasizes the importance of how laws are applied and interpreted in practice rather than their moral underpinnings. Legal positivism takes a more rigid view, asserting that law is a system of rules created by humans and does not necessarily have to reflect moral values. Critical legal studies focus on how law interacts with social issues and power dynamics rather than viewing law strictly through the lens of moral beliefs.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy