Author Question: Laws in the United States have been shaped by a number of historical developments and philosophical ... (Read 90 times)

Yi-Chen · **on:** Aug 17, 2018

Laws in the United States have been shaped by a number of historical developments and philosophical perspectives. Explain how criminal law, in particular, has been greatly influenced by natural law theories.

What will be an ideal response?

Question 2

What is the rule of law? Who does it apply to?

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cadimas · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: Natural and positive law. Natural law can be defined as the rules of conduct inherent in human nature and in the natural order, which are thought to be knowable through intuition, inspiration, and the exercise of reason without the need to refer to man-made laws.
With natural law, the belief is that an intuitive and rational basis for many of our criminal laws can be found in immutable moral principles or some identifiable aspects of the natural order. This theory holds that individual naturally possess certain freedoms that may not be encroached upon by other individuals or governments. Positive law is a contrasting construct, which simply states that the law is enforced by the government.

Answer to Question 2

Answer: This means in theory that no man is above the law and applied uniformly to everyone. The World Justice Project identified the following elements as essential to rule of law: the accountability of government officials; whether laws are enacted and implemented in a fair and efficient manner; the degree of clarity of laws; the degree to which laws protect fundamental rights; and whether access to justice is administered by fair and independent judicial officers.