Jurisprudence
The philosophy of law explores the nature, sources, and authority of legal systems—revealing the need for moral foundations beyond positive law.
Law and Justice
The concept of justice presupposes moral realism. We cannot call a law 'unjust' unless there is a standard of justice above positive law.
The Nuremberg trials established that 'I was following orders' is not a defense. There is law above the state—a higher law to which even sovereigns are accountable.
- Unjust Laws: We recognize some laws as unjust—this requires a standard above positive law. Segregation laws were legal but unjust.
- Human Rights: Rights that cannot be taken away require grounding beyond convention. 'Inalienable' means not subject to state revocation.
- Nuremberg Principle: 'I was following orders' is not a defense—there is law above the state. Nazi laws were legal but criminal.
- Civil Disobedience: King's 'Letter from Birmingham Jail' appeals to natural law. Unjust laws must be disobeyed—but openly and with willingness to accept punishment.
Theistic Foundations of Law
Theism provides the strongest foundation for law and justice. Without God, law reduces to power; with God, law participates in eternal reason.
The Declaration of Independence grounds rights in the Creator. This is not mere rhetoric but philosophical foundation. Rights require a Giver.
- Divine Law: God's eternal law is the ultimate source of moral and legal obligation. Human law participates in divine reason.
- Human Dignity: Rights are grounded in creation in God's image. Every person has infinite worth because every person bears the imago Dei.
- Accountability: Ultimate justice requires a Judge who sees all and judges rightly. Human courts fail; divine justice does not.
- Limits on Power: Rulers are accountable to God, not just to voters. This grounds resistance to tyranny and limits on state power.