Laws in the United States have been shaped by a number of historical developments and philosophical perspectives. Explain how criminal law, in particular, has been greatly influenced by natural law theories

Question

What will be an ideal response?

Answer 1

Answer: Natural and positive law. Natural law can be defined as the rules of conduct inherent in human nature and in the natural order, which are thought to be knowable through intuition, inspiration, and the exercise of reason without the need to refer to man-made laws.
With natural law, the belief is that an intuitive and rational basis for many of our criminal laws can be found in immutable moral principles or some identifiable aspects of the natural order. This theory holds that individual naturally possess certain freedoms that may not be encroached upon by other individuals or governments. Positive law is a contrasting construct, which simply states that the law is enforced by the government.