Question

1. How is natural law incorporated into the American Legal System? (Your response should be 100-150 words in length.)

2. Explain how Natural Law encourages the protection of the rights of those accused of crime. (Your response should be 100-150 words in length.)

Answer 1

Answer 1 -

Natural law is incorporated into the american system at a foundational level. In fact, one should return to not solely the Declaration of Independence and therefore the U. S. Constitution however conjointly to before these documents, to reputable thinkers like philosopher and John Locke, to work out natural law’s importance in establishing the jurisprudence of the us. Once one understands the concept of construct, one will additional simply grasp however elementary it's to America’s understanding and implementation of law and justice.

Principles of construct(natural law) were elementary to the Enlightenment-era philosophies of presidency on that the U.S. Declaration of Independence and Constitution were based mostly. Such ideas had been expressed earlier, however, through Renaissance profane thinking that placed stress on the individual person with the innate ability to exercise discretion in commission of living a virtuously and materially fulfilling life. a crucial purpose of presidency therefore became its role as a warrantor of that individual’s rights, not because the bestower of these rights.

Natural law will be outlined as a recognition and assertion of the natural rights of men, a declaration that, in a very state of nature and before the formation of political society, men were equal in their possessions of bound inalienable rights that President Jefferson, author of the Declaration, delineated as rights to 'life, liberty and therefore the pursuit of happiness.

Natural law derives from natural rights, inalienable rights, that are those rights with which one is born. John Locke declared that men are free, naturally. they're born adequate each other. He noted that free and equal individuals, in a very society, enter into a agreement wherever they exchange a number of their natural rights surely restricted rights beneath a government, that exists to shield the people’s lives, liberty, and property. philosopher more asserts that construct, as opposition, for instance, divine law, applies to everybody and might be discovered only by reason.

Answer 2 -

Natural law encourages protective a criminal defendant’s rights as a result of it acknowledgesone’s inherent right to life, liberty, and property. If one is suspect of a criminal offense, however possesses a natural right to liberty, which means he or she was born free, already enjoying this right, it's important that the accusers might limit that person's liberty if they prove the suspect has committed a criminal offense against another person. The accusers should be able to prove the person, in fact, committed the crime. Otherwise, any penalty for committing the crime, any restriction of one’s liberty, would be discretional and would violate construct, which, again, holds that a person’s wild is liberty.

The government’s responsibility to shield everybody extends, therefore, not solely to those that have apparently been subjected to crimes however those suspect of committing them. the first approach this can be expressed is thru the presumption of innocence