Answer

Religion and Theology

Question 8

Research indicates that all types of law theories assert some form of non-conventional connection between morality and law. This perspective confirms that, back then, the law could not be articulated without remarkable references to moral ideas (Coyle, 2017). Although the Overlap Thesis seems unquestionable, there are various approaches in which it can be explained. For instance, the most effective development of the Overlap Thesis creates the basis for the traditional naturalism of Blackstone and Aquinas (Brauch, 2019). According to Aquinas, there are four types of law. These include natural, eternal, human and divine law.  Aquinas describes eternal law as rules that oversee the characteristics of eternal creation (Rashid, 2020). The divine law centres on approaches that should be exercised by individuals to achieve eternal salvation. Aquinas advocates that a person cannot find divine law for natural causes. The doctrines of divine law are often disclosed through supernatural revelation.

Blackstone indicates that man is described as being submissive to the laws of his creator.  For he is a completely dependent being. The theories of  Blackstone and Aquinas on the eternal law, both emphasize that man is subjected to God’s law, which is considered as the natural laws (Brauch, 2019). According to Blackstone, a man completely depends upon his creator for everything. He must in all circumstances submit to his creator’s will. According to Blackstone, the will of the creator is identified as the law of nature. This is because when God designed matter and provided it with a policy of mobility, He developed special rules for the perpetual direction of that matter (Coyle, 2017). Therefore, when God formulated man and endued him with a sovereign will to better himself in all aspects of growth, He implemented special rules of human nature, whereby the free will is in a standard regulated and confined arena. Furthermore, the laws of nature provide man with the capacity of understanding to identify the import of the legislation.

The notion that a model does not correspond to the natural order and cannot be constitutionally legitimate is the defining principle of conceptual naturalism. As Blackstone advocates, the order of nature entails being contemporary with humanity and dictated to God. This is higher in responsibility (Brauch, 2019). Blackstone articulates that the theoretical center of conceptual naturalism can incorporate a non-legally valid standard that conflicts with the natural regulation and all legitimate laws that steer the authority and power individuals have from the natural authority. According to Aquinas, human laws promulgated by humanity are effective as their content corresponds to the content of the natural regulation (Rashid, 2020). As Blackstone and Aquinas advocate, every human government has just much of the nature of law as is obtained from nature. However, if in any circumstance it diverges from the nature of law, it is no longer considered law, but a degradation of the law. Conclusively, Blackstones and Aquinas the perspective of natural law emphasize that man is subordinated to his creator’s laws, identified as the laws of nature.

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