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25.12.12

There is a difference in natural law doctrines that have affected me.growing up in the USA I definitely imbibed the natural law theory embodied in the Declaration of Independence of Thomas Jefferson along with the emphasis in Southern California to be n individual and not follow the crowd.
This Thomas Jefferson doctrine is different than other theories of natural law.
The basic idea I should state here is that people have natural rights that they are endowed with by their Creator. These rights are natural rights and do not owe their existence to any government. And here is the key point--government are formed not just to preserve these rights but also people give up a certain amount of their rights in order to form a government.

This is due to John Locke. Further the identification of Divine rights with natural tights comes from Thomas Aquinas.
There is a theory of natural law from Saadia geon that associates all laws of the Torah --Divine Law with laws of reason-not nature.This is a different natural law theory than Aquinas.

I should mention that this basic approach to authority as being in order to insure these rights is what caused me to doubt the veracity of the claims of  the  Ultra Orthodox.   The  Ultra Orthodox in Israel claim divine right authority even though this is doubted by many  Jews. The the claim is real and enforced when  the  Ultra Orthodox find it within their power to do so.  This claim is not backed up by the Torah.

There was in Germany a strange evolution of Legal Theory from Kant to Hegel. This seems to me to be the origin of the events that led to WWI and World War II. I like Ann Rand trace the development of a people to its philosophers.
It is strange to me that Germany did not recognize the highly basic problem with Hegel that it is mystic speculation not based on rational arguments. and as a mystic system it would be impressive if it came from a mystic. But it came instead from a person that laid no claims to any mystic vision that could at least render the theory plausible. At best it is supported by high sounding complicated words.

And at the same time the deep Theory of Kant was marginalized. The thing that bother me the most about Hegel I admit is Positive Law. :What the authorities rule that is the Law and that is to concretization of Divine law.