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“Lex injusta not est lex” means that an unjust law is no law at all,this maxim was given by a great philosopher Saint Augustine and later it was used by Thomas Acquinas and in 19th century during the civil rights movement this maxim was quoted by Martin Luther King. Different schools of law have given different meanings of law like natural law has said that the eternal law which is given by God is a just law, positive school of law said that the law enacted by the state is the just law. But the question is that, what compels the people to follow these laws? In natural law school of law, Socrates has explained that human being has a capability to distinguish between good laws and bad laws. He never denied the existence of positive law but obligation to follow these laws is based on human insight. According to him, if law is not just then human being can disobey these laws because according to natural law school, eternal laws are the greatest laws and the primary duty of the subjects is to follow these laws.
Aristotle has explained that human being is a part of nature in two ways, firstly, he is created by the God and secondly human being possess insight and reason by which he can shape his will to follow the just laws. He also explained that the idea of law is emanated from human conscience and not from the human mind; hence natural law is more valuable than human law. So from the thinkers of the natural law school we can understand that the obedience of natural law is depended upon human mind and human beings have capability to distinguish between just and unjust. During 19th century the age of reason came into existence and during this age a proper reason was necessary for theenaction of any law and as a result legislative body came into existence and they decided that laws should be in written form and it is available to public at large. So after 19th century various countries made laws in written formand it was the duty of the peoples to follow these laws. But the question again arisen that what is the guarantee that law made by legislative body is just laws? if suppose the law enacted by legislative bodies is unjust then the people have the power to go into the court of law and many times in India Supreme Court has declared invalid to the laws of legislative bodies. So we have the power to interfere in the unjust laws of the legislative body and legislative bodies have the support of the majority of the population.
Answer the following questions from the given passage:
Q-1: What are the different meanings of law given by different schools of law?
Q-2: How human being is a part of nature , according to Aristotle?
Q-3: How human beings are able to distinguish between just and unjust laws?
Q-4: Why the legislative bodies came into existence?
Q-5: Do people have power to declare the laws of legislative bodies invalid?
By: bhavesh kumar singh ProfileResourcesReport error
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