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The natural school of Jurisprudence has very eminent jurists who have madetremendous impact in the development of Law and especially ConstitutionalLaw in Kenya. Discuss in detail the philosophy of:a. Thomas Aquinas . (10 marks)b. Thomas Hobbes and the social contract theory (15 marks)c. Socrates

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The natural school of Jurisprudence has very eminent jurists who have madetremendous impact in the development of Law and especially ConstitutionalLaw in Kenya. Discuss in detail the philosophy of:a. Thomas Aquinas . (10 marks)b. Thomas Hobbes and the social contract theory (15 marks)c. Socrates

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a. Thomas Aquinas (10 marks)

Thomas Aquinas was a prominent figure in the natural law theory. His philosophy was based on the idea that law is a rational ordering of things which concern the common good, promulgated by whoever is charged with the care of the community. He believed that the natural law is the participation of the eternal law in the rational creature, and it is discovered by reason.

Aquinas argued that the natural law is a fundamental principle that is inherent in each individual and guides us to act in a way that is consistent with our nature. This means that we have a natural inclination to do good and avoid evil. He also believed that human laws are derived from the natural law, and any law that is not in line with the natural law is not a law at all.

b. Thomas Hobbes and the social contract theory (15 marks)

Thomas Hobbes was a key figure in the development of the social contract theory. His philosophy was based on the idea that in the state of nature, life is "solitary, poor, nasty, brutish, and short". To escape this state of nature, individuals enter into a social contract and establish a civil society.

According to Hobbes, the social contract is an agreement between individuals to surrender some of their freedoms and submit to the authority of a sovereign in return for protection of their remaining rights. The sovereign, once established, cannot be overthrown and has absolute authority over the society.

Hobbes believed that this absolute authority is necessary to maintain order and prevent the return to the state of nature. He argued that the social contract is not a mutual agreement, but a mutual transfer of right. In other words, individuals do not promise to each other, but to the sovereign.

c. Socrates

Socrates was a classical Greek philosopher who is credited with laying the groundwork for Western philosophy. He is known for his Socratic method of questioning, which was a unique way of probing the validity of others' beliefs.

Socrates believed that the best way for people to live was to focus on self-development rather than the pursuit of material wealth. He always encouraged others to strive for genuine knowledge rather than merely accepting what's told.

Socrates did not write any books; his thoughts and philosophies were penned down by his students, particularly Plato. He was tried and executed for corrupting the minds of the youth of Athens and for impiety. Despite his execution, Socrates' ideas continue to play a significant role in the development of Western philosophical thought, particularly in the field of ethics.

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