Laws For Humans: Do Animals And Ai Obey, Too?

The question of whether laws apply only to humans is a complex one, and it depends on how we define laws. If we consider only man-made laws, then the answer is yes, as these are created by humans and for humans. However, if we broaden our perspective to include natural law, the situation becomes more nuanced. Natural law is a theory that asserts humans have intrinsic values that guide their behaviour and reasoning. This theory suggests that there are universal moral standards that transcend time and culture, forming the basis of a just society. While natural law is primarily associated with ethics and philosophy, it has also influenced various legal systems, including the US Constitution and international human rights frameworks.

Natural law vs. man-made law

The concept of natural law is a system of law based on a close observation of the natural order and human nature. It is derived from the Latin "ius naturale" or "lex naturalis". Natural law theory, or jusnaturalism, asserts that all people have inherent rights, bestowed not by legislation but by "God, nature, or reason". These rights are considered intrinsic to human nature and can be applied independently of positive law, or the express enacted laws of a state or society.

Natural law is often considered in opposition to man-made law, or human law. Man-made law is created by humans and is subject to change over time to adapt to changing circumstances. In the modern era, man-made law is often considered primary because it is made by humans. However, in the Thomistic view of the Middle Ages, man-made law was considered the lowest form of law, subordinate to natural law and divine positive law.

The distinction between natural law and man-made law is important for maintaining a harmonious and natural order. Natural laws are universal truths that transcend race, color, and creed, while man-made laws can restrict rights based on these factors. Natural law grants morally correct principles to guide human behaviour and prevent immoral governance. It emphasizes the intrinsic value of human life and the fundamental equality of all people.

Man-made laws, on the other hand, are vulnerable to immoral beliefs and erroneous interpretations when human knowledge and understanding fail to align with the laws of creation. They can confine individuals and restrict their sovereign freedom. However, man-made laws are necessary for regulating human actions and behaviour and adapting to changing circumstances.

The relationship between natural law and man-made law has been a subject of debate throughout history, with different societies and legal traditions prioritizing one over the other. In Islamic countries, for example, man-made law is considered subordinate to divine law or Sharia. In Marxist legal theory, only man-made law, as created by the state, is recognized. In Western legal traditions, the concept of natural law has evolved over time, with modern natural law theory combining influences from Roman law, Christian philosophy, and social contract theory.

Natural law and human nature

Natural law is a system of law based on the observation of natural order and human nature. It is believed to be intrinsic to human nature and can be applied independently of positive law (the express enacted laws of a state or society). According to natural law, all people have inherent rights conferred not by legislation but by "God, nature, or reason".

The concept of natural law has been documented in ancient Greek philosophy, including Aristotle, and was mentioned in ancient Roman philosophy by Cicero. It was later expounded upon in the Middle Ages by Christian philosophers such as Albert the Great and Thomas Aquinas. Aquinas, who is often regarded as the father of natural law, argued that because human beings have reason, and because reason is a spark of the divine, all human lives are sacred and of infinite value. This means that everyone is fundamentally equal and bestowed with a basic set of intrinsic rights.

Natural law is believed to be an objective moral order, grounded in essential humanity, that holds universal and permanent implications for how we should conduct ourselves as free and responsible human beings. It is thought to be a set of naturally binding and knowable precepts of practical reason. According to Aquinas, the fundamental principle of natural law is that good is to be done and evil avoided.

Natural law has been a subject of debate and interpretation throughout history, with various thinkers offering different perspectives and interpretations. For example, while Aquinas viewed natural law as superior to man-made law, Hobbes' revision of natural law placed it in opposition to individual self-interest. Despite these differences, natural law continues to be a vital force in political, moral, and social life, shaping legal systems and societal norms around the world.

Natural law and human rights

Natural law is a system of law based on close observation of the natural order and human nature. It is derived from the belief that all people have inherent rights, bestowed not by legislation, but by "God, nature, or reason". The concept of natural law has been documented in ancient Greek philosophy, including Aristotle, and was mentioned in ancient Roman philosophy by Cicero.

The idea of natural law was further developed in the Middle Ages by Christian philosophers such as Albert the Great and Thomas Aquinas, who argued that human beings have reason, and because reason is a spark of the divine, all human lives are sacred and of infinite value. This means that everyone is fundamentally equal and bestowed with a basic set of intrinsic rights that cannot be removed.

The concept of natural law has been used to challenge the divine right of kings and to justify the establishment of a social contract, positive law, and government. It has also been used to challenge the legitimacy of these establishments.

The idea of human rights is derived from theories of natural rights. Those who reject a distinction between human rights and natural rights view human rights as the successor, which is not dependent on natural law, natural theology, or Christian theological doctrine. Natural rights are considered beyond the authority of any government or international body to dismiss.

However, the concept of natural rights is not universally accepted, partly due to its religious associations and perceived incoherence. Some philosophers, such as Jeremy Bentham, argue that natural rights do not exist and that legal rights are the only rights.

The concept of natural law and human rights is complex and multifaceted, with a long history of development and evolution. It continues to be a subject of debate and discussion among scholars and philosophers.

Natural law and economics

Natural law is a system of law based on a close observation of natural order and human nature, from which values thought to be intrinsic to human nature can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to the theory of jusnaturalism, all people have inherent rights, bestowed not by legislation but by "God, nature, or reason".

Natural law is distinct from man-made law, which is considered primary in modern times because it is made by humans. However, in the Thomistic view of the Middle Ages, man-made law was considered the lowest form of law, subordinate to natural law and divine law.

The concept of natural law has been applied to various fields, including economics. Economics, as a human discipline, is concerned with the acquisition and management of household goods. The free market, a key aspect of modern economics, is based on the principle of exchange, where goods and services are provided through peaceful transactions.

Natural law, in the context of economics, can be understood as the normal functioning of a market, where reason and good judgment are concentrated on the production, distribution, and exchange of goods. It ensures that the market operates fairly and justly, with prices reflecting the relative worth of goods and services.

The application of natural law in economics also extends to considerations of morality and justice. For example, natural law suggests that certain conditions, such as the use of slave labour, should not be present in the production of goods. Additionally, natural law can provide a framework for resolving disputes and ensuring fair practices in economic activities.

In conclusion, natural law and economics are interconnected, with natural law providing a foundation for the functioning and regulation of economic systems, particularly in free-market economies.

Natural law and religion

Natural law theory is a label that has been applied to theories of ethics, theories of politics, theories of civil law, and theories of religious morality. The natural law was documented in ancient Greek philosophy, including Aristotle, and was mentioned in ancient Roman philosophy by Cicero. References to it are also found in the Old and New Testaments of the Bible, and were later expounded upon in the Middle Ages by Christian philosophers such as Albert the Great and Thomas Aquinas.

Thomas Aquinas, in his work Summa Theologica, expounded the concept of Human Law, a distinct form of law alongside Natural Law and Eternal Law. Aquinas asserted the primacy of natural law over man-made law, stating that where it "is at variance with natural law it will not be a law, but spoilt law". The result of any such conflict is that the man-made law does "not oblige in the court of conscience".

In the Thomistic view of the Middle Ages, man-made law was the lowest form of law. Above it were the lex naturalis, the lex divina, and the lex aeterna. Man-made law only had authority in as much as it expressed and concurred with higher laws.

According to the theory of law called jusnaturalism, all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason". Aquinas argues that because human beings have reason, and because reason is a spark of the divine, all human lives are sacred and of infinite value compared to any other created object, meaning everyone is fundamentally equal and bestowed with an intrinsic basic set of rights that no one can remove.

In the modern period, man-made law is thought of as primary because it is man-made. The Soviet Union went further, not recognizing any such thing as divine or natural law. In several Islamic countries, man-made law is still considered to be subordinate to divine law.

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