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Monday, January 25, 2010

Natural Law vs. God's Law

"As Christians we cannot believe in natural law, because we believe that nature is fallen. We have to see supernatural law as normative; nature is non-normative. Incidentally, the medieval usage of the term "natural law" really means the "law over nature", because it is defined by the medieval scholars as the word of God - because they identify it with God's law."  RJ Rushdoony



WIKI: Natural law or the law of nature (Latin: lex naturalis) is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere.[1] The phrase natural law is opposed to the positive law (which is man-made) of a given political community, society, or nation-state, and thus can function as a standard by which to criticize that law.[2] In natural law jurisprudence, on the other hand, the content of positive law cannot be known without some reference to the natural law (or something like it). Used in this way, natural law can be invoked to criticize decisions about the statutes, but less so to criticize the law itself. Some use natural law synonymously with natural justice or natural right (Latin ius naturale), although most contemporary political and legal theorists separate the two.
Natural law theories have exercised a profound influence on the development of English common law,[3] and have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, John Locke and Emmerich de Vattel. Because of the intersection between natural law and natural rights, it has been cited as a component in United States Declaration of Independence and the Constitution of the United States.
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The 613 Mitzvot (Hebrew: תרי"ג מצוות‎: Taryag Mitzvot, "613 commandments") are statements and principles of law and ethics contained in the Torah or Five Books of Moses. These principles of Biblical law are sometimes called commandments (mitzvot) or collectively as the "Law of Moses" (Torat Moshe, תורת משה), "Mosaic Law", or simply "the Law" (though these terms are ambiguous and also applied to the Torah itself).
Although there have been many attempts to codify and enumerate the commandments contained in the Torah, the traditional view is based on Maimonides' enumeration. The 613 commandments are either "positive commandments" to perform an act (mitzvot aseh) or "negative commandments" to abstain from certain acts (mitzvot lo taaseh). There are 365 negative commandments, corresponding to the number of days in a solar year, and 248 positive commandments, ascribed to the number of bones and significant organs in the human body.[1] Though the number 613 is mentioned in the Talmud, its real significance increased in later medieval rabbinic literature, including many works listing or arranged by the mitzvot.
Three categories of negative commandments fall under the category of yehareg ve'al ya'avor, meaning "One should let himself be killed rather than violate it". These are murder, idolatry, and forbidden sexual relations.[2]
Many of the mitzvot cannot be observed following the destruction of the Second Temple, though they still retain religious significance. According to one standard reckoning, [3] there are 77 negative and 194 positive commandments that can be observed today. There are 26 commands that apply only within the Land of Israel.[4] Furthermore, there are some time-based commandments from which women are exempt (examples include shofar, sukkah, lulav, tzitzit and tefillin).[5] Some depend on the special status of a person in Judaism (such as kohanim), while others apply only to men and others only to women.

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