Aristotle and His Role in Legal Theory

Photo by Tingey Injury Law Firm on Unsplash
  1. The Written Law and the Unwritten Law. The former is legislation. The latter, natural (moral) law. The unwritten law is a natural understanding of moral and ethical conduct. We don’t need a law to tell us that we shouldn’t steal. It is ethically and morally wrong to do so. But yet, we do have these laws because there are those who operate mischeviously within the letter of the law.
  2. Man’s natural inclination to truth. Because man has this natural inclination to truth, if a judge decides against this, it is because the orator was skilled at deceiving the jury. This is no different today. Today, most westernized nations operate with prosecuting counsel having the burden of proof. That said, they usually have a tougher job than defense. This is why you feel a pit developing in your stomach when an alleged murderer (who fits a well-established profile) gets of scot free.

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