Here is the synopsis of our sample research paper on Legal Naturalism and Legal Positivism
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Essay / Research Paper Abstract
This 8 page paper examines the concepts of legal positivism and legal naturalism, and then applies them to the Miranda decision, arguing that naturalism would have been more favorable to Ernesto Miranda. Bibliography lists 3 sources.
Page Count:
8 pages (~225 words per page)
File: D0_HVNatPos.rtf
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considers the principles of each of the theories, applies them to a real case, and argues as to which one would be a better "fit" and make more sense with
regard to the matter at hand. Discussion Legal naturalism rests on a foundation of "rationalist-idealist approaches to knowledge," which have at their center the concept of law as being "founded
in and ineluctably linked to a transcendent, divine origin" (Pietersen, 2004). In the Christian era, this transcendence was thought to be God (Pietersen, 2004). When the law is based on
a concept of divinity, it is clearly linked directly to morality, and that is the case with legal naturalism (Pietersen, 2004). Plato and Socrates originally presented the concepts of law
and morality as "inextricably linked or conjoined with each other in the individual as the excellence of the soul in which virtue ... is its own reward" (Pietersen, 2004). Virtue
in this context is understood to encompass both "moral or just conduct" and rational thought (Pietersen, 2004). Once this principle was established, it was carried forward by "leading figures
... of legal naturalism" such as Justinian, Aquinas, and Aristotle; in our era, Blackstone was its champion (Pietersen, 2004). According to the thinking of legal scholars and justices like these,
the concept of the divine origin of justice and law was retained until relatively recently (Pietersen, 2004). That is, law is seen as coming from God, who is the "eternal
Law-Giver from which all natural ... and human laws emanate" (Pietersen, 2004). However, Western tradition also says that an individual has a right to life and survival (self-interest); and that
his well-being was also connected to that of his community (Pietersen, 2004). For philosophers like Plato, this meant that justice consisted of "fulfilling ones proper role and duties" (Pietersen, 2004).
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