Natural law is a theory in ethics and philosophy that says that human beings possess intrinsic values that govern their reasoning and behaviour. It 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. Natural law is a set of rules prescribed by an authority superior to that of the state, intended to protect individual rights from infringement by other individuals, nation-states, or political orders.
The concept of natural law has been interpreted in different ways by different philosophers. Aristotle, for example, held that what was just by nature was not always the same as what was just by law, and that there was a natural justice that was valid everywhere with the same force. Thomas Aquinas, on the other hand, believed that the natural law was a participation in the divine eternal law, and that human law must be the particular application of natural law.
Natural law is the foundation for legal traditions and is witnessed in the laws, systems, and covenants of many countries, including the United States. It is also used extensively in theoretical economics.
Characteristics | Values |
---|---|
Natural law is a theory in ethics and philosophy | |
It is based on human nature | |
It is not created by society or court judges | |
It is constant throughout time and across the globe | |
It is opposed to theories that laws are socially constructed and created by people | |
It is witnessed in a country's laws, systems, covenants, and how its citizens live and interact | |
It is based on the observation of natural order and human nature | |
It is derived from the nature of human beings and the nature of the world | |
It is derived from the rational nature of human beings | |
It is derived from the observation of the Greeks in their city-states | |
It is derived from the observation of human beings' directedness toward the pursuit of certain ends | |
It is derived from the observation of human nature | |
It is derived from the observation of human practices | |
It is derived from the observation of social structures |
What You'll Learn
- Natural law is a theory of ethics that says human beings possess intrinsic values that govern their reasoning and behaviour
- Natural law is a system of law based on a close observation of natural order and human nature
- Natural law is opposed to theories that laws are socially constructed and created by people
- Natural law is a theory in ethics and philosophy that says that human beings possess an intrinsic sense of right and wrong
- Natural law is witnessed in a country's laws, systems, covenants, and how its citizens live and interact
Natural law is a theory of ethics that says human beings possess intrinsic values that govern their reasoning and behaviour
Natural law is a theory in ethics and philosophy that asserts that human beings possess intrinsic values that govern their reasoning and behaviour. It maintains that these rules of right and wrong are inherent in people and are not created by society or court judges. The theory of natural law suggests that humans possess an intrinsic sense of right and wrong that guides their reasoning and behaviour.
The concept of natural law stems from the times of Plato and Aristotle and was practised by great thinkers such as Mahatma Gandhi and Martin Luther King Jr. Natural law holds that there are universal moral standards that are inherent in humankind throughout all time, and these standards should form the basis of a just society.
Human beings are not taught natural law per se but rather "discover" it by consistently making choices for good instead of evil. Some schools of thought believe that natural law is passed to humans via a divine presence.
Under the theory of natural law, everyone—regardless of their governmental or political system, culture, or religion—has the same rights, and these rights cannot be denied by others. The birthrights granted to humans under natural law, however, are not the same as human rights, which vary and can change depending on societal views.
Natural law is a constant throughout time and across the globe because it is based on human nature, not on culture or customs. It is opposed to theories that laws are socially constructed and created by people.
Natural law is witnessed in a country's laws, systems, covenants, and how its citizens live and interact. It is the foundation upon which the U.S. legal system was built. One of its earliest documents—the Declaration of Independence—asserts that every human is granted unalienable rights to life, liberty, and the pursuit of happiness, and it was that assertion that formed the frame of the United States legal system.
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Natural law is a system of law based on a close observation of natural order and human nature
The concept of natural law is derived from the idea that there are universal moral standards that are inherent in humankind. These standards are based on human nature, rather than culture or customs, and are, therefore, constant throughout time and across the globe. Natural law holds that these standards should form the basis of a just society.
Natural law is also understood as a system of right or justice that is derived from nature, rather than from rules created by society or positive law. It is believed that rational beings like humans are able to grasp their share in the eternal law and freely act on it.
The theory of natural law has been interpreted and applied in various ways throughout history. For instance, Thomas Aquinas, a medieval philosopher, believed that man-made laws are only valid if they conform to natural law. This perspective gives individuals a basis for opposing laws that they believe are unjust. Similarly, John Locke argued that if a ruler goes against natural law, the state can be overthrown.
Natural law has also been applied in the context of religion. For example, Dr Martin Luther King Jr. invoked natural law in opposing racial segregation. In addition, natural law forms the foundation of legal traditions and is considered a "higher" law that protects individual rights from infringement by other individuals, nation-states, or political orders.
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Natural law is opposed to theories that laws are socially constructed and created by people
Natural law is a system of law based on a close observation of natural order and human nature. It is derived from the belief that there are intrinsic values that govern human reasoning and behaviour, and that these values are inherent to all people. Natural law is, therefore, opposed to the theory that laws are socially constructed and created by people.
The concept of natural law stems from ancient Greek philosophy, with Aristotle arguing that there is a natural justice that is valid everywhere, regardless of the decisions or laws of any particular group. This idea was further developed by the Stoics, who believed in an egalitarian law of nature that conformed to the logos (reason) inherent in the human mind.
In contrast, social constructionism is a term used in sociology, social ontology, and communication theory. It posits that various facets of social reality, such as concepts, beliefs, norms, and values, are formed through continuous interactions and negotiations among members of society. These social constructs are collectively formulated, sustained, and shaped by the specific social contexts in which they exist, and they can vary significantly across different cultures and societies.
While natural law maintains that there are universal moral standards that are inherent in all humans, social constructionism argues that these standards are not innate but are instead influenced and shaped by social conventions and structures. Natural law holds that these moral standards are discovered through consistently making choices for good over evil, while social constructionism suggests that they are constructed through a dynamic process of interpretation and assimilation of information within social relations.
Furthermore, natural law is based on the observation of human nature and is, therefore, constant across time and space. On the other hand, social constructionism emphasizes the role of language and communication in constructing reality, with the understanding that language does not merely reflect reality but actively creates it.
Proponents of natural law, such as Thomas Aquinas, argue that natural law "participates" in the divine "eternal" law and that human law must be derived from it. In contrast, social constructionism often rejects or downplays the influence of religion and biology on behaviour and culture, focusing primarily on society and culture as causal factors.
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Natural law is a theory in ethics and philosophy that says that human beings possess an intrinsic sense of right and wrong
Natural law is a theory in ethics and philosophy that asserts that human beings possess an intrinsic sense of right and wrong. This theory holds that there are universal moral standards inherent in all humans, which should form the basis of a just society. These standards are not taught to humans but are instead 'discovered' by consistently choosing good over evil.
Natural law is derived from the nature of human beings and the world, and is thus constant across time and space. It is not dependent on culture or customs, and is discovered through rational inquiry, observation of nature, and historical and comparative analysis.
The theory of natural law is often attributed to Aristotle, who argued that what is "just by nature" is not always the same as what is "just by law". He believed that there is a natural justice that is universally valid and does not depend on the laws of any particular group of people.
Another important figure in the development of natural law theory is Thomas Aquinas, who synthesised the ideas of his predecessors. Aquinas argued that human beings have reason, and that this reason is a spark of the divine. Therefore, all human lives are sacred and of infinite value, and everyone is fundamentally equal and bestowed with an intrinsic set of rights.
Other notable proponents of natural law include Mahatma Gandhi and Martin Luther King Jr.
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Natural law is witnessed in a country's laws, systems, covenants, and how its citizens live and interact
Natural law is a system of law based on a close observation of natural order and human nature. It is witnessed in a country's laws, systems, covenants, and how its citizens live and interact.
The theory of natural law states that humans have an intrinsic sense of right and wrong that governs their reasoning and behaviour. These rules are inherent and are not created by society or court judges. Natural law is constant throughout time and across the globe because it is based on human nature, not culture or customs.
Natural law is evident in the country's laws, systems, and covenants. In the US, for example, the Declaration of Independence asserts that every human is granted unalienable rights to life, liberty, and the pursuit of happiness. This formed the basis of the US legal system. However, early US laws were exclusionary, and it took hundreds of years for some inhabitants to be considered legally human and afforded the same rights. Over time, the moral push of activists and natural law proponents led to the enactment of laws such as the Civil Rights Act, which granted every human the ability to exercise their rights and freedoms.
Natural law is also reflected in how a country's citizens live and interact. For instance, a well-accepted example of natural law in society is that it is wrong for one person to kill another. This belief is so widely held because it is considered a universal moral standard, inherent in all humans, regardless of their governmental or political system, culture, or religion.
The concept of natural law has its roots in ancient Greek philosophy, with Aristotle often being regarded as the founder. Aristotle argued that there is a natural justice that is valid everywhere and does not depend on the decisions or laws of any particular group. This idea was further developed by Stoic philosophers, who believed in an egalitarian law of nature, and later by St. Thomas Aquinas, who synthesised these ideas into his Lex Naturalis. Aquinas argued that human lives are sacred and of infinite value, and that everyone is fundamentally equal and bestowed with an intrinsic set of rights.
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Frequently asked questions
Natural law is a theory in ethics and philosophy that says that human beings possess intrinsic values that govern their reasoning and behaviour. It is based on the idea that there are universal moral standards that are inherent in all humans throughout time and that these standards should form the basis of a just society.
Natural law is based on human nature, whereas positive law, or human law, is defined by statute and common law. Positive law includes rules such as speed limits and the legal drinking age. Ideally, positive laws would be based on natural law.
Natural law provides an ethical set of rules for governing individuals in their interactions with one another. It is based on the idea that positive laws are merely the articulation of the pre-existing norms, social practices, and ideas held under natural law.
Natural law is intended to protect individual rights from infringement by governments. Theorists such as John Locke believed that if a ruler goes against natural law, the state can be overthrown.