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Single Idea 22114
[filed under theme 25. Social Practice / D. Justice / 2. The Law / c. Natural law
]
Full Idea
A tyrannical law, since it is not in accord with reason, is not unconditionally a law, but is rather a perversion of law.
Gist of Idea
Tyrannical laws are irrational, and so not really laws
Source
Thomas Aquinas (Summa Theologicae [1265], Ia IIae.Q92.1, ad 4), quoted by Kretzmann/Stump - Aquinas, Thomas 13
Book Ref
'Shorter Routledge Encyclopaedia of Philosophy', ed/tr. Craig,Edward [Routledge 2005], p.44
A Reaction
Only a belief in natural law can give a basis for such a claim. Positivists will say a tyrannical law is unconditionally a law like any other, but a bad one.
The
22 ideas
with the same theme
[laws arising from the natural state of mankind]:
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5246
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Natural justice is the same everywhere, and does not (unlike legal justice) depend on acceptance
[Aristotle]
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20856
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Justice, the law, and right reason are natural and not conventional
[Chrysippus, by Diog. Laertius]
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3561
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Stoics originated the concept of natural law, as agreed correct reasoning
[Stoic school, by Annas]
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22114
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Tyrannical laws are irrational, and so not really laws
[Aquinas]
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22113
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Right and wrong actions pertain to natural law, as perceived by practical reason
[Aquinas]
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23174
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Natural law is a rational creature's participation in eternal law
[Aquinas]
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19897
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Human laws must accord with the general laws of Nature
[Hooker,R]
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22133
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Grotius and Pufendorf based natural law on real (rather than idealised) humanity
[Grotius, by Ford,JD]
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7406
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A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm
[Grotius, by Tuck]
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20484
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We should obey the laws of nature, provided other people are also obeying them
[Hobbes, by Wolff,J]
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6225
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Obligation to obey all positive laws is older than all laws
[Cudworth]
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6216
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Natural law is immutable truth giving moral truths and duties independent of society
[Cumberland]
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19916
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The order of nature does not prohibit anything, and allows whatever appetite produces
[Spinoza]
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19868
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It is only by a law of Nature that we can justify punishing foreigners
[Locke]
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7574
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Natural law theory is found in Aquinas, in Leibniz, and at the Nuremberg trials
[Leibniz, by Jolley]
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19959
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Prior to positive laws there is natural equity, of obedience, gratitude, dependence and merit
[Montesquieu]
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19960
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Sensation gives animals natural laws, but knowledge can make them break them
[Montesquieu]
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19750
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Writers just propose natural law as the likely useful agreements among people
[Rousseau]
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7245
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Natural justice, without sanctions, benefits the wicked, who exploit it
[Rousseau]
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7591
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Kant completed Grotius's project of a non-religious basis for natural law
[Scruton on Kant]
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20933
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Natural law theorists fear that without morality, law could be based on efficiency
[Zimmermann,J]
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20610
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Instead of against natural law, we might assess unjust laws against the values of the culture
[Tuckness/Wolf]
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