This post describes perfectly the difference between Common Law and Natural law.
The adorable little girl in this image provides us with a perfect example of the Common Law process. So I decided to take the opportunity to use it as an example of Common Law versus Natural Law.
- First of all, the decision-making process was one-sided, meaning the “judge and jury,” so-to-speak, were predetermined. In Natural Law, both disputants agree on who will hear the case (judge), whether or not a jury is required, and who will make up the jury if a jury is called.
- Secondly, she is thinking of appealing to a “higher court,” which indicates the notion of hierarchical jurisdiction (lower court decisions are subject to higher court decisions), which exists in Common Law but not Natural Law. In Natural Law, judges have no particular authority. They are only responsible to hear the dispute at hand and make a decision for that particular case [if both parties consent to the judge’s jurisdiction].
- Thirdly, she is being punished. Punishment as a supposed deterrent is a Common Law construct. Natural Law provides restitution and restoration rather than punishment.Click here for more information regarding Natural Law.
Love to Everyone,