Bracton on Law
Nature of Law: “A rightful warrant, enjoining what is honest, forbidding the contrary.”
Bracton; Significance of Law
- Law is more than power; tied to justice; We can talk about “ought” as well as “is”
Bracton on Justice and Right
- Justice and right completely intertwined
2 forms of justice - Gods; Justice is the disposal of God, which orders rightly and disposes rightfully in all things
- Man; “For a just man has the will of awarding to each his right, and so his will is termed justice
Coke on the Law of Nature
A. Definition
a. Law of God infused into the heart of man by the finger of God; the moral law; “eternal law of the Creator, infused into the heart of the creature at the time of his creation” bottom Pg. 23
Coke on Law of Nature [Purpose and Characteristics]
B. Purpose
a. For man’s preservation and direction
C. Other characteristics
a. Immutable
b. Precedes all human law - from time of creation.
c. Applies to all people -> Even 17th Century English
Blackstone on Higher Law [Nature of Law]
A. Law in its comprehensive sense; Rule of action prescribed by superior which inferior must obey
a. Applies to all actions. Any rule of action prescribed by God. Ex. Rule of gravity
B. Law in its confined sense; Rules of action for human conduct.
- Commands for use of free will and reason regulating behavior
Blackstone on the Law of Nature
Rule of law; Immutable laws of human nature restraining and regulating human will. Gods law
Purpose; Further human happiness
- Human laws invalid if contrary to this [natural law]
Blackstone on Divine Law
Definition; Gods law revealed only through scripture
- A “part of the original law of nature”
- Why do we need to define law: Human reason is corrupt
Blackstone on Natural Law
The law of nature as we imagine it to be using our reason
- Don’t have ability to know all natural law
- Natural law is not really a separate form of law.
- Divine law of “infinitely more authority
Blackstone on Human Law
- Reason for human law
a. We live in society - and need law to regulate our interactions within society and between societies. - Matters of indifference
a. This is where human law has its greatest force
Two Types of Human Law [Blackstone]
a. Law of nations;
i. international law - treaties, compacts, custom
b. Municipal law;
- Rule of civil conduct prescribed by the supreme power in a state commanding what is right and prohibiting what is wrong.
i. Rule - Permanent, uniform, universal, command
ii. Rule of civil conduct iii. Rule prescribed -> Notice
