PREPARED FOR: ATTY. GREGORY F. BUHANGIN, CE, GE, MSMT.E PREPARED BY: ROLANDO A. RACRAQUIN JR. A Reaction Paper on Nature of Law State is composed of people with different instinct and social orientation. The diversity created by belief creates indifferences among people. Thus the establishment of law comes natural to introduce order. Natural law born naturally due to need or natural law is created thru promulgation by law makers. A natural right is synonymous to natural law as what the later protects. Almost every mention of natural rights unfortunately requires careful and subtle qualification or caution to protect this very notion from being taken to mean just the opposite of what it appears to affirm. Discussing the natural law, perhaps the greatest problem lies in fact that it is an intellectual exercise trying to discern what one it to do, in other words, we try to establish natural law for the sake of deliberation. But nature does not need to deliberate in order to act, the will, in its pure form, acts according to its good desires, but because of the fall, our mode of willing is unnatural, and we desire what we should not. Therefore, we must deliberative to discern if our desire is right or wrong. In other words, even discussing morality and ethical standards shows we are interacting with a sub-natural realm of discourse. And this shows it is something less than the good, even before in becomes rigid and closed in on it-self. Natural law discussion by this fact must not confuse with the natural law itself. If it were really natural, we would not have to discern what is contained in it, but would know it without such discernment. Indeed, if our mode of willing were natural, we would will what is good without having any moral question as to what we should do; we would just act and it would be good.
Law, as far as it is necessary in the perfect state, is just
law. It is not merely convention, the sole result of temporary expedience and compromise. The just law of the perfect state flows from the principle of reason by the process of logic and is therefore open to speculative mind. By its very nature, the just law owes its validity to the authority of reason and not to the fact that it is expressed as the command of a sovereign power. The tension between will and reason, law and justice, authority and liberty, which constantly threatens the equilibrium of the second-best state, is, therefore resolved in the harmony of the perfect state. Thus, as life is to be preserved as a good for all living things, so certain goods which pertain to human nature in particular are also to be preserved and protected, the ability to freely worship God, the opportunity to develop ones rational capacities through education. So also, there are certain goods which humans should pursue as rational natures, not only in isolation and for the sake of each individual, but there are also social goods to be pursued, as civil peace and national defense. All of these goods, life, religion, education and national interest, pertain to the common good, but the fact that they pertain is determined by the Natural Law.
In The United States Bankruptcy Court For The District of Delaware in Re:) ) Mervyn'S Holdings, LLC, Et Al.) Case No. 08-11586 (KG) ) ) Debtors.) Affidavit of Service