Natural law is a system of law based on a close observation of the natural order and human nature, from which values are deduced and applied independently of positive law (the express enacted laws of a state or society). It is a philosophy that certain rights, moral values, and responsibilities are inherent in human nature, and that those rights can be understood through simple reasoning.
Natural law is a constant throughout time and across the globe because it is based on human nature, not culture or customs. It is opposed to theories that laws are socially constructed and created by people.
Natural law is witnessed in the country's laws, systems, covenants, and how its citizens live and interact. For example, the Declaration of Independence asserts that every human is granted unalienable rights to life, liberty, and the pursuit of happiness.
Natural law is also evident in business policies, such as the principle that a firm should not defraud its customers or other stakeholders.
Characteristics | Values |
---|---|
Natural law is a system of law based on observation of natural order and human nature | Values are deduced and applied independently of positive law |
Natural law is a theory of ethics and philosophy | Intrinsic values that govern reasoning and behaviour |
Natural law is based on the idea that 'right' and 'wrong' are universal concepts | Mankind finds certain things to be useful and good, and other things to be bad, destructive, or evil |
Natural law is a belief that certain laws of morality are inherent by human nature, reason, or religious belief | Everyone is naturally entitled to live their own lives |
Natural law is a belief that certain rights, moral values, and responsibilities are inherent in human nature | |
Natural law is based on the idea that humans have an intrinsic sense of right and wrong | |
Natural law is based on the idea that humans have certain inalienable rights | Life, liberty, and the pursuit of happiness |
What You'll Learn
- Natural law is a system of law based on human nature and observation of the natural order
- Natural law is a theory in ethics and philosophy that says that human beings possess intrinsic values that govern their reasoning and behaviour
- Natural law is a belief that certain laws of morality are inherent by human nature, reason, or religious belief
- Natural law is witnessed in the country's laws, systems, covenants, and how its citizens live and interact
- Natural law is evident in the concept of ethical business practices
Natural law is a system of law based on human nature and observation of the natural order
The concept of natural law has been traced back to the pre-Socratic era, with the idea being documented in ancient Greek philosophy, including Aristotle, and mentioned in ancient Roman philosophy by Cicero. It has also been referenced in the Bible and was later expounded upon in the Middle Ages by Christian philosophers such as Albert the Great and Thomas Aquinas.
Aquinas, considered the central figure in natural law theory, 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 rights that cannot be removed.
Natural law is distinct from positive law, which refers to the express enacted laws of a state or society. Natural law is seen as a set of inherent rights conferred by "God, nature, or reason", rather than by acts of legislation.
There are several methods used by natural law theorists to develop and articulate their ideas:
- Rational Inquiry and Human Reason: Examining the nature of human beings, their moral obligations, and the principles that govern human conduct through logical reasoning and philosophical analysis.
- Observation of Nature: Drawing on observations of the natural world and human behaviour to derive moral principles.
- Historical and Comparative Analysis: Examining historical legal systems and comparative law to identify common moral principles.
- Axiology and Theology: Resorting to various ends and values to detect principles and rules of natural law.
- Dialogue, Debate, Experience, Interpretation and other schools: Engaging in scholarly dialogue and debate with other philosophers and ethicists, presenting arguments, responding to objections, and refining theories.
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Natural law is a theory in ethics and philosophy that says that human beings possess intrinsic values that govern their reasoning and behaviour
The theory of natural law says that humans possess an intrinsic sense of right and wrong that governs our reasoning and behaviour. These rules of right and wrong are inherent in people and are not created by society or court judges. According to 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.
Natural law is opposed to theories that laws are socially constructed and created by people. It is distinct from positive law, which is defined by statute and common law and may or may not reflect the natural law. Positive law includes rules such as speed limits and the legal drinking age. Ideally, when drafting positive laws, governing bodies would base them on their sense of natural law.
The concept of natural law has been traced back to the times of Plato and Aristotle and was practiced by great thinkers such as Mahatma Gandhi and Martin Luther King Jr. Aristotle argued that there is a natural justice that is valid everywhere with the same force, and that what is "just by nature" is not always the same as what is "just by law".
For St. Thomas Aquinas, natural law and religion were inextricably connected. He believed that natural law "participates" in the divine "eternal" law, which is the rational plan by which all creation is ordered. Aquinas further posited that the fundamental principle of natural law is that we should do good and avoid evil.
Natural law has also played a significant role in the development of the American legal system. 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.
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Natural law is a belief that certain laws of morality are inherent by human nature, reason, or religious belief
Natural law is often associated with the philosopher Aristotle, who is considered its founder. Aristotle argued that there is a natural justice that is valid everywhere with the same force, and that what is "just by nature" is not always the same as what is "just by law". This natural justice is independent of the decisions or laws of any one group of people.
Another important figure in the development of natural law theory is St. Thomas Aquinas, who synthesised and condensed the ideas of his predecessors. Aquinas 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 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. Furthermore, Aquinas held that the fundamental principle of natural law is that good is to be done and evil avoided.
The idea of natural law has been interpreted and applied in various ways throughout history. For example, Mahatma Gandhi argued that humanity is in danger of being destroyed by seven "social sins", including wealth without work, politics without principle, and pleasure without conscience. In each case, the solution to the sin is an external standard derived from natural law.
Martin Luther King Jr. also drew on the concept of natural law, arguing that people have a moral responsibility to disobey unjust laws that conflict with natural laws. He wrote, "An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust."
Natural law has also been influential in the development of the US legal system. For example, the Declaration of Independence asserts that every human is granted unalienable rights to life, liberty, and the pursuit of happiness. This idea formed the basis of the US legal system, although it took many years for these rights to be extended to all citizens.
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Natural law is witnessed in the country's laws, systems, covenants, and how its citizens live and interact
The US Constitution is another example of natural law in action. The right of citizens to life, liberty, and the pursuit of happiness is a motto based on natural law. In the penal code, certain crimes are almost universally accepted as punishable, including murder and rape. These types of crimes are seen as damaging both the humanity of the victim and the social fabric of society.
The concept of natural law is also evident in business policies. For instance, the principle that a firm should not defraud its customers or other stakeholders is based on natural law.
In addition, natural law is reflected in human rights agendas. For example, the Civil Rights Act was enacted to blanket every human with the ability to exercise their rights and freedoms.
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Natural law is evident in the concept of ethical business practices
Natural law is a system of law based on the observation of natural order and human nature. It is thought that values intrinsic to human nature can be deduced and applied independently of positive law. According to the theory of jusnaturalism, all people have inherent rights, bestowed not by legislation but by "God, nature, or reason".
Natural law is based on the idea that there are universal moral standards that are inherent in humankind throughout all time. These standards should form the basis of a just society. Humans are not taught natural law but rather "discover" it by consistently making choices for good instead of evil.
Natural law is also connected to the concept of human rights. For instance, the right to life, liberty, and the pursuit of happiness are considered unalienable rights in the US Declaration of Independence. However, human rights can vary and change depending on societal views.
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Frequently asked questions
Natural law is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society).
The concept of 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.
Natural law is evident in and shapes many of our laws, business policies, and human rights agendas. For example, the right to life, liberty, and the pursuit of happiness are natural rights that are also protected by the U.S. Constitution.
Natural law is based on human nature, whereas positive law is defined by statute and common law and may or may not reflect natural law.