But the latter shared with the idea that the man had a strong tendency to associate with men and live in peace and harmony. Natural law was for him, a manifestation of “the twofold character Dela human nature “and according to these two aspects would have two fundamental principles in natural law: A-Keep your life, its members and property. B-Do not disturb society, do nothing to disturb the social order. Both principles can be cast in the following: “As each one tries to preserve itself so that society does not interfere with other men.” 3 The rules to avoid damaging the body of another, not to violate the chastity of a woman against her will, not to usurp the property of another person, not breaking a promise and compensate the damage done by his own fault, were subdivisions of that derived from the second great principle of law that the wording argued: “Let no one drive to another person so that the latter may rightly complain of a violation of their equal rights.
“sovereign power would also bound by this natural law that is true Puffendorf right and not a simple guide or guides for the governing principles . But this duty to observe natural law is imperfect because there is no judicial body in which to sue the sovereign to enforce it, leaving its effectiveness in the hands of God that would be something like the ultimate “avenger of natural law.” Second Period At this time “we will accentuate the protector of individual rights has the right, but the safeguard of order. It matters now more freedom than security.” 4 The law becomes quintessential mechanism to prevent autocracy and despotism. Period is characterized by a tendency towards free capitalism and political liberalism, with emphasis on the protection of the natural rights of individuals against the excesses of government, via a separation from the government. ** Locke (1632-1704) The state of nature where man enjoyed great freedom and equality was governed by natural law that “teaching the man who, being all equal and independent, no one should harm another in his life , health, liberty or property. While the state existed nature around the world had the power to implement this law of nature and their own hands to punish violations of its rules.
“But that system but did not bring difficulties. Is this the reason why men decide to make a pact to live in community and adopt a system where you decide and rule by majority. Through this mechanism would only be to the community the defense of natural law, preserving the individual all those natural rights to oppose the excesses of government. In this way , says Locke, natural law “remains eternal rule to all men, legislators or legislators … The legislative authority or sovereign power will not know himself assume the power of arbitrary rule by decree, be improvised and before dispense justice and decide the rights of subjects by fixed laws enacted and judges fixed and known. Not be written because the natural right and thus impossible to find anywhere, except in the minds of.