Gavin Howe
Natural law theory is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles. The first tenet of natural law theory, according to St. Thomas Aquinas, is the imperative to do good and avoid evil. This is based on the rational nature of human beings and the belief that moral norms are derived from or entailed by the nature of the world. 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 existed independently of human thinking. 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.
| Characteristics | Values |
|---|---|
| Objective standing | Moral propositions can be objectively true or false. |
| Rational nature of human beings | Humans are rational beings and should behave in a way that conforms to their rational nature. |
| Good and evil | Good and evil are objective and universal, derived from the rational nature of human beings. |
| Human law | Human law is valid only if it conforms to natural law. |
| Master rule | The master rule is the rule of universal love, that one should love one's neighbour as oneself. |
| Common good | Natural law is fundamental to advancing the common good, securing human rights, and governing with integrity. |
| Moral criticism | Natural law allows for criticism of societal norms that do not conform to it. |
| Legal validity | Natural law holds that there are objective legal standards based on morality that underlie human-made laws. |
| Positive law | Positive law is distinct from natural law as it is created by human authorities and not necessarily connected to moral principles. |
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What You'll Learn
Natural law is a philosophical and legal theory
Natural law theory, in the context of jurisprudence, posits that there are objective legal standards based on morality that underpin and guide the creation, interpretation, and enforcement of human-made laws. This view contrasts with legal positivism, which emphasises that laws are rules created by human authorities and may not be inherently connected to moral principles. Legal positivists like Jeremy Bentham and Thomas Hobbes argue that the ultimate source of law is the sovereign, and their decisions may not be grounded in morality.
The concept of natural law has its roots in ancient philosophy, with Aristotle recognising a distinction between what is "just by nature" and what is "just by law". The Stoics further developed this idea, conceiving of an egalitarian law of nature in harmony with the inherent logos in the human mind. During the Enlightenment, natural law theory was influential in challenging the divine right of kings and justifying the establishment of social contracts, positive laws, and governments.
Natural law theory provides a framework for understanding the relationship between law and morality, suggesting that human-made laws should conform to the content of natural law to be valid. This theory has been significant in the development of legal systems, such as the English common law, where Parliament invoked natural law principles to set limits on the power of the monarchy.
Overall, natural law theory offers a philosophical and ethical perspective on the source and nature of law, emphasising the inherent moral principles derived from nature that should guide human behaviour and the creation of legal systems.
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Natural law is derived from nature and universal moral principles
Natural law is a philosophical and legal theory that asserts the existence of a set of inherent laws derived from nature and universal moral principles. These laws are discoverable through reason and rational inquiry. The theory suggests that certain rights and moral values are inherent in human nature and can be universally understood, independent of enacted laws or societal norms.
The concept of natural law is based on the idea that humans possess an intrinsic sense of right and wrong that governs their reasoning and behaviour. These principles of natural law are believed to be universal and not bound by human authority or societal norms. Natural law theorists often engage in rational inquiry to explore the nature of human beings, their moral obligations, and the principles that govern their conduct. They rely on logical reasoning and philosophical analysis to derive the principles of natural law.
The idea of natural law has been influential in the development of various ethical and political theories. For example, the Stoics believed that nature could provide an objective morality, while the Epicureans argued that morality was human, conventional, and self-interested. Thomas Aquinas, a prominent natural law theorist, derived the moral law from the nature of human beings. He identified the rational nature of humans as defining moral law, stating that "the rule and measure of human acts is the reason, which is the first principle of human acts". Aquinas further elaborated that human laws are valid only when they conform to the content of natural law.
Natural law has also been applied to jurisprudence, where it is referred to as iusnaturalism or jusnaturalism. This perspective holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. In contrast, positive law, as in legal positivism, emphasises that laws are rules created by human authorities and may not necessarily be connected to moral principles.
Natural law theory provides a framework for understanding and evaluating laws and societal norms by appealing to universal moral principles derived from nature and human reason. It suggests that laws and norms should conform to these inherent moral principles to be considered valid and authoritative.
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Natural law is discoverable through reason
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 other words, it is a theory that asserts that certain rights and moral values are inherent in human nature and can be understood independently of enacted laws or societal norms.
The idea that natural law is discoverable through reason is a fundamental aspect of natural law theory. This theory suggests that by thinking carefully and perceptively about our actions and their consequences, we can understand and agree with practical propositions such as the intrinsic desirability of life, health, knowledge, and harmonious relationships. These propositions are often expressed as "I should" or "I ought," indicating a sense of moral obligation.
The concept of natural law being discoverable through reason is closely tied to the belief in the rational nature of human beings. St. Thomas Aquinas, a prominent proponent of natural law theory, argued that human beings are inherently rational and, therefore, should behave in a manner that aligns with their rational nature. According to Aquinas, the "rule and measure of human acts is the reason, which is the first principle of human acts." This suggests that human reason plays a crucial role in determining moral behaviour.
Additionally, natural law theory holds that the precepts of natural law are knowable by nature. This means that all human beings inherently possess a basic understanding of the principles of natural law. This understanding is reflected in our innate pursuit of various goods, such as life, health, knowledge, and positive relationships. By reflecting on our actions and intentions, we can make this implicit awareness explicit and guide our behaviour accordingly.
The belief that natural law is discoverable through reason has significant implications for morality and law. It suggests that moral principles are not merely arbitrary constructs but are rooted in the very nature of human beings. This understanding of natural law provides a basis for objective legal standards that are informed by universal moral principles rather than solely by human-made laws or societal norms.
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Natural law is distinct from legal positivism
Natural law theory, also known as iusnaturalism or jusnaturalism, is a philosophical and legal theory that asserts the existence of inherent laws derived from nature and universal moral principles. These principles are discoverable through reason and are thought to be independent of enacted laws or societal norms. In essence, natural law theory suggests that there are objective legal standards based on morality that underpin and inform the creation, interpretation, and application of human-made laws.
Legal positivism, on the other hand, takes a different approach. It emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. According to legal positivists, the existence of a law is based on social facts and power dynamics, such as legislation, custom, or the commands of a sovereign, rather than inherent morality. For example, in Hobbes' view, natural law can prevail only if individuals submit to the commands of a sovereign, and it is the sovereign's decisions that become the source of law, regardless of their moral grounding.
The key distinction between natural law and legal positivism lies in their source of legitimacy. Natural law links the authority of law to something outside of the law itself, often religious or philosophical justifications. It asserts that there is an objective, independent standard in the nature of things that establishes definite standards of justice, against which human-made laws can be evaluated. In contrast, positive law, as in legal positivism, emphasizes the posited nature of law, viewing laws as rules created and imposed by a sovereign or human authority, without necessarily requiring a moral foundation.
While natural law theorists view law as having a "source-based character," where its capacity to advance the common good and secure human rights is tied to its dependence on social facts and practices, legal positivists tend to focus on the scientific" study of law, treating it as a social phenomenon. Natural law theorists critique this approach as being unprofessional and biased, as it attempts to study law in isolation from morality.
Furthermore, natural law theory, as exemplified by St. Thomas Aquinas, holds that human beings, by their rational nature, should behave in a way that conforms to their inherent rational nature. This intrinsic desirability of flourishing in life, health, knowledge, and friendly relations guides individuals towards actions that promote these intelligible goods. In contrast, legal positivism, as seen in the work of Bentham and Austin, emphasizes the role of a sovereign or absolute power in shaping the laws, often mirroring societal power dynamics.
In conclusion, natural law is distinct from legal positivism in its fundamental approach to the source and legitimacy of law. Natural law theorists seek to ground legal authority in objective, universal moral principles derived from human nature, while legal positivists focus on the creation and imposition of laws by human authorities, emphasizing the social and practical aspects of law without necessarily requiring a moral foundation.
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Natural law is a live option for a first principles ethics theory
Natural law is a philosophical and legal theory that asserts the existence of a set of inherent laws derived from nature and universal moral principles. These principles are discoverable through reason and are thought to be common to all humans, independent of enacted laws or societal norms. Natural law theory holds that law is fundamentally dependent on social facts such as legislation, custom, and precedent, and that these social facts are essential for the law's capacity to advance the common good, secure human rights, and govern with integrity.
The concept of natural law has been influential in the development of various legal and ethical traditions, including English common law. During the struggles between Parliament and the monarch in England, Parliament often invoked the Fundamental Laws of England, which were said to embody natural law principles and set limits on the monarchy's power. Natural law theory also played a significant role in the thinking of the early Americans, influencing figures such as John Adams and Thomas Jefferson.
One of the key proponents of natural law theory is Thomas Aquinas, who is regarded as the West's pre-eminent theorist of natural law. Aquinas's theory synthesises elements from Platonic, Aristotelian, and Stoic traditions within a framework of divine providence and creation. For Aquinas, the natural law is derived from the eternal law of divine reason, which is partially knowable to humans through revelation and the exercise of reason. The first precept of the natural law, according to Aquinas, is the imperative to do good and avoid evil, derived from the rational nature of human beings.
Natural law theory offers a live option for a first principles ethics theory. It provides a framework for understanding morality and law, emphasising the inherent and universal nature of moral norms. This theory asserts that moral propositions can be objectively true or false, independent of human convention. By grounding moral norms in the nature of the world and human rationality, natural law theory offers a basis for moral criticism of societal norms and laws that deviate from these principles.
However, natural law theory also faces challenges and criticisms. One objection arises from the immense variation in human desires and attitudes, which may conflict with the notion of universal and inherent moral principles. Additionally, the theory has been criticised for its potential to justify societal norms that are unjust or oppressive, as seen in Aristotle's examples of natural law justifying the subordination of women, slaves, and "barbarians" in Greek city-states. Nonetheless, natural law theory remains a significant and influential approach in ethics and jurisprudence.
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Frequently asked questions
The first tenet of natural law theory is that there are inherent laws derived from nature and universal moral principles that can be discovered through reason.
Natural laws are understood to be common to all humans and derived from nature, rather than from the rules of society or positive law.
Thomas Aquinas, the pre-eminent Western theorist of natural law, identifies the rational nature of human beings as that which defines moral law. He derives this from the nature of human beings, thus "natural law".
One example of a natural law that is not derived from human nature is the preservation of one's own good, which is formulated from the law of nature, according to Aquinas.
Natural law theory holds that law is dependent on social facts such as legislation, custom, or judicially established precedents. It also asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms.
