On the origin and source of the authority of law : a case for Natural law

Abstract

This dissertation proffers a thesis about the nature of the authority of law, more specifically about the origin and source of the authority of law. The thesis basis itself on the Natural law tradition primarily, but also admits concepts of the interpretivist school of legal philosophy. It argues that a political structure can only exist where it is able to provide sufficient security to the individual members forming part of the community – consistency. The consistency of principle does not simply appertain to decisions based on posited laws. It requires values which are beyond those derived from the intellectual efforts of man, but ones which are by nature metaphysical concepts. A scheme of principles which guides political and judicial decisions of the sovereign is established through an appreciation of the metaphysical values and formal rules which guide the decision-making process. Part 1 of the dissertation presents the thesis while Part 2 tests it. The dissertation does not seek to answer the questions “What is law?” or “What should law be?”. It simply seeks to identify the origin and source from which law derives its authoritative power.