Comparative legal culture Essay Example | Topics and Well Written Essays - 2000 words

Comparative legal culture - Essay Example pecially the blacks and human rights activists who claim that the city has been tainted with flagrant racism, police impunity and or the systematic quashing of free speech. In this paper, we shall discuss the Ferguson situation in light of the Natural law, Karl Marx and legal formalism theories of law. In advancing the Natural Law Aquinas states that it is in the human nature to act freely so as to achieve their proper end through reason and free will. The proper end in this concept was to live, be sustained and to reproduce. It thus followed that any law that did not see this end achieved was unjust and thus no law. Hobbes in advancing the need of humans to achieve the proper end cited above, he summarizes nine laws that are aimed to achieve the applicability of the natural law by stating that one should not do to another that which one will not want done to thyself, as this was the best way of preserving human life, sustenance and reproduction. John Locke states that where a ruler goes against natural law and fails to preserve life, liberty and property then the people would be justified to overthrow the existing state and create a new one. He further echoes the biblical concept of equality that is largely borrowed by Thomas Jefferson in the declaration of Independence and the u ltimate U.S Constitution. It is on this note that the Social Contractual theory by Jean Rousseau will come in handy in advancing the natural law. That at the state of nature humans would not have defended themselves enough and therefore they gave all the power to the sovereign hold in trust and in return protect them. Rousseau presents that in a democracy, the government ought to be focused on representing the general will of the sovereign, the sovereign in this context being the people. The natural law is theory seeks to protect morality in a state and what is immoral and inhuman would be short of law and hence unenforceable. To put the natural law into the Ferguson conflict, the