Completed; perfect; final; without any conditions or burdens; as an absolute obligation as opposed to a conditional obligation. Unconditionally; complete and perfect in itself; without reference or dependence on other things or people. The article gives an example of understanding that murder is bad in one way or another and is therefore an absolute law in society. The same goes for fundamental or God-given rights. We only know that people who live in a society deserve these rights. @matthewc23 – Since positive law is created in response to the needs of society, is absolute law based on the needs of humanity? One concept that would fit into absolute law would be not to commit murder, as the article states. It makes sense to know that it is wrong in any form and it is up to the courts to decide the sentence. However, many cases may arise that have extenuating circumstances or unique circumstances that cannot be considered absolute under the law. Research: “Absolute Law” in Oxford Reference » The concept of absolute law is very old. Many societies had philosophers who argued that people are bound by universal moral codes of conduct. It is believed that these moral codes are innate and immutable because the principles of morality do not change, even if society itself undergoes changes. Murder is a classic example of an act considered contrary to human nature, and it should be noted that many societies have historically and in modern times criminalized and severely punished murder. @strawCake – I understand what you are saying.
But I don`t think the same things are natural for humans and animals. For example, some animals will mate with their close relatives, and this will not cause hereditary problems. But for humans, we think this is naturally wrong and that inbreeding leads to genetic abnormalities. Although absolute law may be intrinsically anchored in a society, companies are still required to define illegal activities through the use of legislation and jurisprudence. Without a law criminalizing a particular activity, she cannot be prosecuted in court. In addition to clearly describing the types of crimes, whether based on absolute law or positive law, the government can also establish sentencing guidelines in cases where individuals are convicted of these crimes. @stl156 – I understand the concept of absolute law, but given that there are so many grey areas in the field of law, there is little that can be considered absolute law. There may be situations where people are unable to understand the absolute law. These are cases where people offer madness as a defense, arguing that at the time of the crime, they were in a state of mind that compromised their understanding of good and evil as moral concepts. It is also generally accepted that persons under the age of majority may not be able to understand the consequences of their actions and will not be held responsible in the same way as adults, unless specially agreed in unusual cases. I have always believed that absolute law is similar to the natural rights granted to citizens. Both are understood as an integral part of a society and are easily accepted by the courts when problems arise.
Since a society does not exist without laws or borders, some must be created for society to function. That`s when laws are created to combat society`s problems and create borders, and the ones you have have positive laws. But on what do they base these limits? While it seems logical that someone should not commit murder in a society, how is this idea easily accepted as a basic component of society? I have taken a philosophy course in the past and these kinds of questions have been raised as to how the absolute law is determined and whether it is only relative to this society or whether it is a fundamental part of humanity that is simply understood. ABSOLUTE. Without condition or charge, as an “absolute link”, simplex obligatio, as opposed to a conditional obligation; An absolute property, free from all kinds of conditions or burdens. A rule is considered absolute if it is confirmed at the hearing. For the effect of absolute promotion, see 1 Pow. Mortg.
125; with regard to absolute rights, 1 Chitty, Pl. 364; 1 Chitty, Pr. 32. There is simply far too much to think about under the law to live in a society full of absolute laws, so written policies and laws are created to deal with the huge gray area that afflicts all societies in terms of law. An example that comes to mind is the concept of cannibalism. Although cannibalism is considered absolutely unacceptable in most parts of the civilized world, it is accepted in some societies and is not considered evil. In this case, this idea is simply relative to society and not a fundamental understanding among humanity. Absolute literally means perfect in quality or complete. The term absolute is used in various contexts such as absolute rust, absolute law, absolute silence, absolute rule, absolute temperature, absolute philosophy, and absolute proof. In all these contexts, the term means absolutely complete, unconditional, unrestricted and definitive. For example, absolute ruler means a person who exercises his political power for the benefit of the people and not exclusively for his own benefit. Absolute law, also known as natural law, refers to the law of nature or rules of conduct, which is fundamental in a person`s innate moral sense.
So I think the concept of absolute law works well. Absolute law is a code of human behavior derived from morality, which is believed to be universal for all peoples. It is also sometimes called the law of nature and refers to the idea that it reflects the laws of nature rather than the laws developed by man. .