Marriage vis-a-vis natural law and civil law

Abstract

The concept of marriage within natural law asserts that there are laws inherent in nature, to which enacted laws should correspond. The objective is primarily to examine the importance of natural law principles on the issue of marriage which validates the reasons for having a system of justice - a law is not a law if it is not seen to be just - Lex esse non videtur quae justa non fuerit. The latter, will be evidenced by a comparison, evaluation and application of the various philosophical view points on the law of nature. The criterion adopted is an analytical descriptive one with an objective aim. The key question: Why is it necessary to interpret the meaning of marriage as a matter of natural law? The term marriage is a realistic natural society, constitutes inherent rights and, hence, postulates a principal of juridical security. Apparent conflicts of law and rational thought form the substance of most of this debate on marriage. And, certain political ideologies (such as the claim for same-sex marriage by some) as misconceptions of marriage have strong repercussions on humanity, the dignity and the basis of the natural rights of humanity. The concept of justice on the law of marriage, therefore, lies heavily on the responsibility of legislative intentions as well as the legal profession for its interpretation. This is because the centre of importance is the human person around whom revolves his or her dignity. This will include an analysis of the Maltese position. It will then view exceptions to natural law and political issues that deviate from the concept of natural law.