This is the first ‘food for thought’ post for the Fall 2012 semester. The post is intended to generate discussion and blog responses based on the material we are covering for the week of September 21. I am posting it early to give everyone an idea of what to expect.
September 21: Law Sui Generis – Natural Law Theory: Morality and Law
Building on classical theories of natural law, contemporary scholars have sought to locate the source of morality and justice in human practices, as opposed to external abstract principles. We will consider the approaches of Fuller and Finnis. Our discussion will revolve around the legal framework of South African Apartheid, inlcuding the Prohibition of Mixed Marriages Act.
Food for thought:
Is there a law or legal regime that you consider to be ‘immoral, unjust, and intolerable’? What makes it so? Provide an explanation of how this law or legal regime could be challenged using the work of Fuller or Finnis.