Natural Crime versus Legal Crime

Essay by cheapwellsUniversity, Bachelor'sA, March 2008

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Natural Crime versus Legal CrimeLaw, what is it and where does it come from? There are many types of law ranging from natural law, constitutional law, criminal law, civil law, common law and positive law. Obviously there are many laws in place today that could be subcategorized under any of the aforementioned types of law. Most of the laws in America originated from common law. Common law was and is part of the English legal system. Although most of our laws originated from common law, the supreme law of the land is the United States Constitution. In America, the law mostly comes from four sources. These four sources are administrative law, common law (which includes case law) statutes and constitutional law. Every law is subordinate to constitutional law because the main source of law in the United States is the United States Constitution.

In this paper I will go into depth about natural law versus positive law, explaining each in its common understanding and then how I interpret them.

I will also cover a few laws that are subcategorized under each and finally a few major crimes from the FBI’s crime index and how I believe they would be classified, (natural crime or legal crime) using my interpretation and understanding of the law.

Definitions of lawNatural law or the law of nature as it is also known is an ethical idea or theory. It is a type of law that is derived by nature and many would claim that, therefore, has validity everywhere. In jurisprudence (The philosophy or science of law) “a system of right or justice common to all humankind and derived from nature rather than from the rules of society, or positive law” (Britannica Concise Encyclopedia). The concept of natural law is traced back to Aristotle, who believed...