Impact of Natural Law on Canadian Law
The ideas of natural law were originated by Aristotle who argues that everything in life has a purpose and goal. Aristotle’s ideas of natural law were developed by St. Thomas Aquinas in the 13th century. Natural laws start with basic principles, people can be aware of those laws through the use of reason and from these the right course of action in a particular situation can be deduced. Traditional natural law is based on value judgments, which emanate from some absolute source; God’s revealed word. The unwritten body of universal moral principles that underlie the ethical and legal norms by which human conduct is sometimes evaluated and governed. Natural law is often contrasted with positive law, which consists of the written rules and regulations enacted by the government. Throughout history, natural law has been the most influential moral theory since its ideas, originated from Aristotle and St. Thomas Aquinas, have impacted issues such as abortion laws and it has also had a large significance within Canadian laws. Therefore, the impact natural laws have on modern-day laws shows why they are applied universally, and everlasting, and can offer a credible response.
Aristotle was born in 384 B.C at Staigra in Northern Greece. At the age of seventeen, he entered Plato’s Academy where he studied for nineteen years which was probably when he began work on his rhetoric (the art of persuasion along with grammar and logic). Many of Plato’s dialogues reflect Aristotle’s contributions to philosophical debate at the academy. Aristotle wrote in dialogue form just like Plato and his early ideas also show a Platonic influence. One of his dialogues that reflects the platonic view is Eudemeus. Eudemeus views the soul as imprisoned in the body and as capable of a happier life only after death. According to Aristotle, the dead are happier than the living, and dying is like returning to one's real home. Aristotle's ideas of the dead being happier than the living reflect the laws and ethics in ancient history. Abortion was accepted in ancient Rome and Greece. The Romans and Greeks were never too concerned about protecting the unborn and if they did, it was usually because the father did not want to be deprived of a child he felt entitled to. Aristotle wrote, “when couples have children in excess, let abortion be procured before sense and life have begun; what may or may not be lawfully done in these cases depends on the question of life and sensation”. Aristotle’s views on abortion can be tied to Western history and laws on abortion in Canada right now. Throughout much of Western history, abortion was not criminal if it was carried out before the foetus moved in the womb at between 18 and 20 weeks into the pregnancy. If we talk about Canada’s abortion laws right now, abortion in Canada is legal at all stages of pregnancy regardless of the reason. It is also publicly funded as a medical procedure under the combined effects of the federal Canada Health Act and provincial health-care systems. Therefore, it is evident that natural laws impact modern-day laws such as the issue on abortion laws and they offer a credible response.
St. Thomas Aquinas was the son of Landulph, Count of Aquino. St. Thomas Aquinas was born circa 1225 in Roccasecca, Italy, near Aquino, Terra di Lavoro, in the Kingdom of Sicily. St. Thomas Aquinas was sent to the Abbey of Monte Cassino to train among Benedictine monks when he was five years old, which was the tradition at that time. St. Thomas Aquinas completed his primary education in a Benedictine house in Naples where he spent five years. During those five years, he studied Aristotle’s work which had an impact in his own exploration of philosophy. St. Thomas Aquinas opposed the Averroes “theory of double truth” which is the theory that both religious knowledge and philosophical knowledge may arrive at contradictory truths, but that those truths do not need to be reconciled. St. Thomas Aquinas believed that both religious knowledge and philosophical knowledge come from God which made them compatible. He believed that God’s revelation could guide reason and prevent it from making mistakes. For several years, philosophers made a large impact within Canadian law by studying the basic nature of knowledge, reality, and existence. St. Thomas Aquinas also had a major influence on Canadian laws by believing that the main purpose of human law was being virtuous. Him and other philosophers including Aristotle and Plato created the elements of just acts, eternal truths, and virtues which are present in Canadian law. Many Canadian laws are also rooted in various religions. For instance, the ten commandments are laws that are applied today such as “you shall not murder” or “you shall not steal.” Furthermore, the preamble of the Canadian Charter of Rights and Freedoms states that Canada is founded upon principles that acknowledge the supremacy of God. The preamble also affirms that men and institutions only remain free when freedom is based upon respect for moral and spiritual values and the rule of law. Last but not least, St. Thomas Aquinas states that law “is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.” First of all, by referring to the “common good,” St. Thomas Aquinas believes that the ultimate end of human action is happiness which is why the law must direct actions in ways that produce happiness. His point about the common good ties to Canadian law in the sense that laws are made for the common good, it focuses on human reason. Finally, St. Thomas Aquinas says that laws should be promulgated which means that laws must be made known to those whose actions it is to direct. The same thing applied to Canada where if laws are not promulgated, an individual can not be reprimanded for it. Therefore, the ideas of philosophers such as Aristotle, Plato, and mainly St. Thomas Aquinas and their ideas on natural law have had a large impact on laws in Canada.
A philosopher whose ideas differ from Aristotle and St. Thomas Aquinas were Thomas Hobbes. Thomas Hobbes was born in Westport, England, on April 5, 1588. At the age of fourteen, he went to Magdalen Hall in Oxford to study. He was an excellent student of classical languages. He went on to become the private tutor of William Cavendish who was the eldest son of Lord Cavendish. As a result of his connections with the Cavendish family, he got into places where the activities of the king, members of Parliament, and other wealthy landowners were discussed. Along with that, his intellectual abilities brought him close to power. He went on to positions of various parliamentary debates and he became linked with the royalists in disputes between the king and Parliament. His political involvement probably played a role in his ideas of positive law. In Leviathan which was written during the English civil war, he advocates rule by an absolute sovereign. He implied that with a “state of nature” there would be chaos. He finished off by stating that humanity’s natural condition was a state of war, fear, and amorality and that only the government could hold a society together. Now the weakness with the school of thought that law is what the political authority demands, which is positive law, is flawed through many loopholes in it. A government can set laws that are “legal” but not always moral. An example of an immoral law implemented in Canada is Bill 21 in Quebec. Bill 21 prevents judges, police officers, teachers, and public workers from wearing religious symbols such as the kippah, turban, or hijab while at work. Bill 21 can be enforced legally but the question is if it would be morally acceptable or not. Another example of immoral laws were back from the holocaust. The holocaust was “legal,” whatever the Nazi state did by definition was legal. The holocaust though, was immoral as it is not okay to target and murder people from a certain religion. Therefore, the ideas of positive laws have some sort of weakness in it and they can not always offer a credible response. Although they might be applied in many different places over the world, they can contain laws that are not morally acceptable.
To conclude, Canadian law has been substantially impacted by philosophers whose ideas and writings have shaped the laws in modern-day society. Many laws have been set in place based on value judgments, which emanate from some absolute source; God’s revealed word. They promote the use of reason, virtue, and ethical and legal norms by which human conduct is evaluated and governed in society. Hence, throughout history, natural law has been a significant influential moral theory. The ideas of natural law derived from philosophers like Aristotle and St. Thomas Aquinas have impacted issues such as abortion laws and it has also had a large significance within Canadian laws. Therefore, the impact natural laws have on modern-day laws shows why they are everlasting and provide society a viable solution.
