Cecily Zamora
Natural law is a theory that claims humans are born with a moral compass that guides their behaviours and distinguishes between right and wrong. It is a constant, based on human nature, and is evident in many laws, business policies, and human rights agendas. The concept of natural law has been attributed to several great thinkers, including Mahatma Gandhi and Martin Luther King Jr. Natural law theorists have various answers to how one can prove the claims of natural law thinking, including a Hobbesian approach, which proceeds on the basis of a subjectivist theory of the good, and a Platonic approach, which rejects subjectivism about the good.
| Characteristics | Values |
|---|---|
| Natural law is based on human nature, not culture or customs | Human nature is the foundation of natural law, with universal moral standards that are inherent in all humans, regardless of their societal or cultural background. |
| Natural law is constant and unchanging | The rules and principles of natural law are fixed and eternal, providing a consistent guide for human behaviour and moral evaluation. |
| Natural law is discovered, not taught | Humans inherently know natural law and discover it through their choices and actions, rather than through explicit instruction or socialisation. |
| Natural law is independent of social construction | Natural law contradicts the idea that laws are socially constructed and created by humans, instead asserting that moral norms exist independently of human thought and legislation. |
| Natural law is accessible through reason | While some believe in a divine presence, natural law is also understood as accessible through human reason and rationality, allowing individuals to formulate and comprehend moral principles. |
| Natural law upholds universal rights | Natural law asserts that all humans possess the same rights, such as the right to life, liberty, and the pursuit of happiness or virtue. |
| Natural law guides moral evaluation | Natural law provides a basis for evaluating laws, policies, and social practices, allowing for moral criticism and reform to promote justice and equality. |
| Natural law shapes legal systems | The concept of natural law has influenced legal systems, such as in the US, where it has shaped laws, systems, and the way citizens interact and live their lives. |
| Natural law inspires action | Natural law is not just theoretical but has practical implications, inspiring actions that accord with virtue and promoting certain "goods" or values, such as life, health, knowledge, and harmony with others. |
| Natural law answers fundamental questions | Natural law theories seek to explain the nature of law, addressing questions such as the role of law, the basis for obedience, and the justification for specific laws. |
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What You'll Learn
The role of human nature in defining the good
Natural law is an ethical theory that claims humans are born with a moral compass that guides their behaviours. This theory is based on the idea that there are universal moral standards inherent in all humans, regardless of their culture, customs, governmental or political system, or religion. These standards are believed to be derived from human nature, with the understanding that all humans share a common physiological constitution and, therefore, have some desires and aims in common.
The concept of human nature and its role in defining the good has been approached differently by various natural law thinkers. For instance, Aristotle's view of human nature and the good is distinct from that of the Stoics. Aristotle's concept of natural law was based on his observations of the Greeks in their city-states, where there was a clear hierarchy with men above women, citizens above slaves, and Hellenes above "barbarians". In contrast, the Stoics, including Cicero and Seneca, proposed an egalitarian law of nature that conformed to the logos inherent in the human mind. They asserted the existence of a rational and purposeful order to the universe, and their concept of natural law focused on how rational beings should live in accordance with this order.
Another variation in interpreting the role of human nature in defining the good is seen in the works of Thomas Aquinas, who distinguished between eternal law, natural law, human law, and divine law. According to Aquinas, the eternal law is comprised of the scientific and psychological "laws" that govern the universe. Natural law, as a subset of eternal law, includes the precepts that govern the behaviour of beings with reason and free will. Aquinas further argued that the law of nature is known to us partially through revelation and our own reason, and it involves the preservation of one's own good and the fulfilment of inclinations taught to all animals by nature.
While natural law theorists may disagree on certain aspects, they generally agree that human nature plays a crucial role in defining the good. This role involves understanding the shared desires and capabilities of humankind, as well as the universal moral standards that emerge from our consistent choices between good and evil.
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Natural law vs. social construct theories
Natural law theory and social contract theory are two prominent theories in the realm of jurisprudence, or legal philosophy, that have historically shaped debates about the nature of law, justice, rights, and the relationship between individuals and society. Despite their differences, both theories offer valuable insights into these concepts and continue to shape contemporary debates in jurisprudence and political philosophy.
Natural Law Theory
Natural law theory posits the existence of a set of universal, objective moral principles inherent in nature or discernible through human reason. These principles are believed to provide a foundation for just laws and moral norms, which are binding on individuals and governments alike. The natural law consists, for the Catholic Church, of one supreme and universal principle from which all our natural moral obligations or duties are derived. Thomas Aquinas, a key figure in the development of natural law theory, identifies this principle as the good, stating that the supreme principle is that good is to be done and evil avoided.
However, there are different interpretations and variations of natural law theory. For example, some thinkers, like Thomas Hobbes, take a subjectivist approach, arguing that what makes something good is that it is desired or liked, and that human beings' common nature leads them to have some desires in common. In contrast, the Platonic view rejects subjectivism and argues that the role of human nature is to define the possibilities of human achievement, with some things, such as knowledge and beauty, being good in themselves.
Social Contract Theory
Social contract theory, on the other hand, proposes that the legitimacy of political authority and legal systems derives from a hypothetical agreement or contract among individuals in a society. This theory emphasizes the idea of consent and the voluntary nature of the contract, with individuals agreeing to be governed by certain rules and institutions that serve their collective interests. Social contract theorists include Thomas Hobbes, John Locke, and Jean-Jacques Rousseau.
While social contract theory focuses on the voluntary consent of individuals as the basis for political legitimacy, it also offers insights into the nature of political authority and the obligations of citizens in a democratic society. By emphasizing the reciprocal relationship between individuals and the government, social contract theory informs discussions about the rights and responsibilities of citizens, the limits of governmental power, and the legitimacy of political institutions.
Comparison
Natural law theory and social contract theory represent two distinct yet complementary approaches to understanding the foundations of law and political authority. Natural law theory provides a framework for evaluating the moral legitimacy of laws and emphasizes the importance of moral principles rooted in human nature and reason. In contrast, social contract theory focuses on the process by which political authority is established and the role of consent in that process. Both theories have been subject to criticism and evolution over time, but they remain foundational to our understanding of justice, rights, and legitimate legal systems.
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Theological voluntarism and moral obligation
Theological voluntarism is a philosophical position that asserts that moral obligations are derived from God's commanding activity. It holds that the moral status of an action, whether obligatory or non-obligatory, is determined by God's will or command. This view is often associated with divine command theory, which states that moral truth and goodness are dependent on divine commands. According to this theory, moral obligation is equivalent to obedience to God's commands, and what is morally right is determined by God's desires.
Theological voluntarism can be understood from two perspectives: metaethical theological voluntarism and normative theological voluntarism. Metaethical theological voluntarism does not assert the existence of any normative state of affairs. Instead, it aims to provide informative accounts of moral concepts and connect them to acts of divine will. Normative theological voluntarism, on the other hand, asserts the existence of a normative state of affairs, specifically the obligation to obey God. This view holds that all other normative states of affairs involving obligation are derived from God's commanding activity.
Theological voluntarism is compatible with both theistic and non-theistic beliefs, as well as moral skepticism. While some arguments for theological voluntarism assume the existence of God or moral obligations, others do not. Metaethical theological voluntarism, in particular, can be consistent with a denial of theism or a positive stance on moral skepticism. It focuses on formulating interesting and informative accounts of normative concepts by relating them to acts of divine will.
Theological voluntarism and natural law thinking can be compared in the context of moral obligation. Natural law theory, as espoused by Thomas Aquinas, suggests that moral obligations arise from a single universal principle, with the central idea of doing good and avoiding evil. This natural law thinking is foundational for the Catholic Church, providing the basis for moral duties and obligations. On the other hand, theological voluntarism asserts that moral obligations are derived from God's commands and will. While natural law theory may see God as the enforcer of moral norms, theological voluntarism goes further by claiming that God's commanding activity is the source of those norms.
The relationship between theological voluntarism and natural law thinking has been a subject of debate. While some may argue that theological voluntarism provides a stronger basis for moral obligation by appealing to God's authority, natural law theorists counter that this move is not necessary and may come with theoretical costs. Natural law thinking can account for moral obligation by appealing to a universal principle or human nature, without relying solely on divine command.
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The overlap thesis and Aquinas' natural law
Natural law is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms.
Thomas Aquinas's views on natural law are among the most influential and widely cited. According to Aquinas, the rational nature of human beings defines moral law. Since human beings are rational by nature, it is morally appropriate for them to behave in a way that aligns with their rational nature. Thus, the moral law is derived from the nature of human beings, which is the "natural law".
Aquinas distinguishes four types of law: eternal law, natural law, human law, and divine law. Eternal law refers to the laws that govern the nature of an eternal universe, encompassing scientific, physical, chemical, biological, and psychological principles that order the universe. Divine law pertains to the standards that humans must meet to attain eternal salvation, and these can only be revealed through divine revelation. Natural law, the focus of Aquinas's theory, comprises the precepts of eternal law that govern the behaviour of beings with reason and free will.
The Overlap Thesis forms the foundation for Aquinas's classical naturalism. It highlights the overlap between natural law moral and legal theories. Aquinas's view of natural law is that it constitutes the basic principles of practical rationality for humans. This implies that the precepts of natural law are universal and inherent in human nature, knowable and actionable by all.
Aquinas's interpretation of natural law has been influential, shaping the work of later thinkers such as Blackstone, John Finnis, and members of the School of Salamanca. However, some scholars like Brian Bix and John Finnis reject the interpretation of Aquinas as a conceptual naturalist, arguing that statements like "an unjust law is no law at all" should be understood metaphorically. They suggest that such statements indicate a lack of moral force or justification for state coercion, rather than a literal denial of the law's existence.
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Natural law and the US legal system
Natural law theory has been central to Christian thought since the Roman Empire, but it was Aquinas who laid the foundation for a consistent system of natural law. Aquinas distinguishes four kinds of law: eternal law, natural law, human law, and divine law. According to Aquinas, 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. This means that everyone is fundamentally equal and bestowed with an intrinsic basic set of rights that no one can remove.
The Stoics were also natural law thinkers, but they asserted the existence of a rational and purposeful order to the universe, and the means by which a rational being lived in accordance with this order was the natural law, which inspired actions that accorded with virtue.
Natural law theorists use various methods to develop and articulate their ideas, including rational inquiry and human reason, observation of nature, and historical and comparative analysis. Most modern scholars dedicated to natural law follow this rationalistic approach.
Ideas of natural law were crucial in drafting the US Constitution. These ideas were made known to the document's framers largely through William Blackstone's Commentaries on the Laws of England, which represent the truest philosophic origins of America's legal system. The United States now has a president, Joseph Biden, who is expected to uphold the law. However, for Americans to expect a law-abiding nation under Biden, they must first acknowledge the principled origins of their country's Constitutional legal system.
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Frequently asked questions
Natural law is an ethical theory that claims that humans are born with a certain moral compass that guides behaviours. These inherited rules distinguish between "right" and "wrong" and are based on human nature, rather than culture or customs. Under natural law, everyone has the same rights, such as the right to live and the pursuit of happiness.
There are differing views on this. Some natural law theorists believe that God serves as the supreme enforcer of moral norms and that God's commanding activity is the source of moral norms. Others, such as the Stoics, assert that the existence of a rational and purposeful order to the universe (a divine or eternal law) is separate from the means by which a rational being lives in accordance with this order (natural law).
There have been several disagreements over the meaning of natural law and its relation to positive law. Aristotle held that what was "just by nature" was not always the same as what was "just by law". He observed that an appeal could be made to natural justice from positive law. However, his examples of natural law were primarily based on his observations of the Greeks in their city-states, where women were subordinated to men, and "barbarians" to Hellenes.
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