Thursday, October 31, 2019
Applications Of The Law In The Legal Systems Essay - 1
Applications Of The Law In The Legal Systems - Essay Example The Nazis had broken the natural law which is under the Jurisprudence. This is so because the natural law under the jurisprudence refers to use of reason and morality to judge and not solely judge based on legal status. It is usually applied in scenarios where the legal law cannot be enforced due to either lack of the law or the situation is too complicated to have the law. Morality according to the natural law is concerned with differentiating between what is good and what is bad. Reason refers to the motivation behind committing the good or bad act or deed. This is usually what this type of jurisprudence seeks to establish in a case scenario. This was also what the Nazis should have been charged with following the inhumane they committed while under Hitlerââ¬â¢s orders as they claimed. Violation of the natural law comes in if those being charged committed any atrocities that were not in line with the morality of human beings (Bix 145). The killings and inhumane treatment accorded to the Jews by the Nazis were bad (immoral) and against human rights. But they claimed to have acted on Hitlerââ¬â¢s orders and hence this gives the reason behind their immoral treatment. If the law was to be enforced on the Nazis, the punishment for such actions no matter the reasoning would be severe. Even when the reasons for such acts are incorporated, they still were in a position to decline due to the unethical way those affected were treated hence punishment due to that should have been enforced although not that severely. However, when no law is considered and the reasons are used as the basis for judgment, the Nazis still committed unethical acts against their fellow human beings and hence deserved a form of punishment. Good ethical conduct is against the killing of a fellow human being and especially if the one being killed has not committed any immoral thing.
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