Monday, January 28, 2019
Amistad: Natural Law vs. Positive Law Essay
Throughout the cinema Amistad, directed by Steven Spielberg, mesh between intrinsic Law and Positive Law appears to be an underlying theme. The story is of a group of African hard workers that effected a mutiny on their hard worker ship. After killing many Spaniards, the African slaves were then captured and put on trial. The story is based on a historical trial which took regulate in the united States during the years of 1939-1940. This trial in the end became a re every last(predicate)y tricky political game between the North and South of the United States over the case of slavery, as well as an international national between the U.S and Spain. The main question being posed throughout the movie is, were the slaves justified in their actions, and should they have been rewarded or punished for their actions? When referring to the two philosophers doubting doubting Thomas Hobbes and Plato, it is evident to see that both commitd the slaves actions were in fact justified, how ever, and both believed they should not have been rewarded.Philosopher Thomas Hobbes, born(p) April 5th 1588, was a strong worshipper in positive jurisprudence. The definition of positive police is the theory that justice is a body of rules formulated by the state, and that citizens are obligated to heed the law for the high-priced of the state as a whole. (Alexandrowicz et al., 617) Thomas Hobbes believed mass were natur on the wholey war-like and evil, (77) and likewise believed that all custody were created equally it is because of this equality that conflict would constantly occur because of the human properties of competition, diffidence, and glory. (Stanford University) These three factors are evidently ground throughout the primary actions of the slaves in Amistad. Initially, Cinque, the main character of the movie, breaks lose from his slave chains and initiates fighting and chaos between the Africans and Spaniards.In Thomas Hobbes mind, he would justify Cinques actions as a man in competition with the men around him, which is one of his described war-like qualities. An example of diffidence can be seen when Cinques face reveals a sense of shock and anguish after he steps back and looks at what he had done to the Spanish man. And finally, a sense of glory is seen when Cinque slowly raises the sword out of the mans chest, expiration him with his last breath. Although Hobbes would believe that the slaves actions were in fact justified, he would also believe that they should be punished for what they have done. Again, it all goes back to positive law Hobbes believed that since people are war-like and evil, law should be set in parliamentary law to rule over evil and maintain law and order in society. Since Cinque and the slaves acted on their war-like, evil qualities, in Thomas Hobbes mind, they should be punished. opposer to the beliefs of Thomas Hobbes, another philosopher named Plato believed very strongly in the philosophy of indis pensable law. Natural law is the theory that human laws are derived from eternal and unchanging principles that regulate the natural world and that people can become cognisant of these laws through the use of reason. (Alexandrowicz et al., 617) Opposing Hobbes, Plato believed that people are naturally born as good people. He believed that graven image gave us the ability to exonerate good decisions and gave us instincts to live our life with. All men are by nature equal, made of all the equivalent earth by one working man (www.publicquotes.com) This famous quote by Plato is a perfect example to describe wherefore Cinque and the slaves acted in violence, and why they are in fact justified in their actions.Cinque and the slaves recognised that all individuals are equal and therefore, no one mortal has program line over anothers life. Once the slaves saw the treacherous pain their fellow friends were vent through, they resorted to their God-given excerpt instincts. Although P lato, like Hobbes, would agree that what Cinque and the slaves did was in fact justified, Plato would ultimately believe the slaves should be punished for their actions. Plato, who was a student of Socrates, believed that each person is to do what is right and avoid what is wrong. Even though the slaves were in a life threatening situation, the law is still the law, and should be followed inevitably.When comparing and severalise Thomas Hobbes and Plato, it is evident to see that both would in fact line up the slaves had a justifiable reason for their actions, however, the motives as to why are impertinent to one another. Thomas Hobbes believed that since all humans are born evil, it is manifestly in their nature to act out in such violence. Whereas Plato believed that all humans are born good and have God-given instincts the slaves defended themselves using their survival instincts. On the other hand, a comparison between the two is also evident. The reasoning as to why both bel ieved the slaves should be punished has the same underlying principle the law. Both believed that laws are created to maintain order in society, and refusal to obey the law would both ultimately end with consequence.Steven Spielbergs Amistad is an excellent original of the many ways the law can be interpreted. Thomas Hobbes believed all law and justice is based on the fact that people are born evil, while Plato believed that humans are born naturally good and laws are created by the use of reason. Natural law and Positive law are two very diverse views, which in the case of Amistad quit one crucial similarity the importance of following the law. Both philosophers Thomas Hobbes and Plato evidently believe Cinque and the slaves actions were in fact justified, however, deserved punishment. deeds Cited1) Alexandrowicz, George et al.. Dimensions of Law. Toronto Emond Montgomery Publications Ltd., 2004.2) Stanford University. Hobbes Moral and Political Philosophy Feb 12, 2002. http/ /plato.stanford.edu/entries/hobbes-moral (march 29,2008).3) Public Quotes. Quote God is truth and light his shadow http//publicquotes.com/quote/7118/god-is-truth-and-light-his-shadow.html (March 29, 2008).
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