Keith Mack
Natural law is a philosophical and legal theory that asserts the existence of inherent laws derived from nature and universal moral principles. It is the belief that certain rights and values are inherent to human nature and can be universally understood, independent of enacted laws or societal norms. In contrast, common law is a system of law based on precedents established by previous court decisions and interpretations rather than statutes or written laws. While natural law and common law share a historical connection, with both systems recognising the importance of morality and justice, they have also clashed throughout history, particularly when the interpretation of natural law has been influenced by religious or cultural beliefs that contradict the principles of equality and universal rights that underpin the concept of natural law.
| Characteristics | Values |
|---|---|
| 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. | Natural law is discoverable through reason and is independent of enacted laws or societal norms. |
| Natural law asserts that certain rights and moral values are inherent in human nature. | These rights include life, liberty, and property, and they are granted to all humans regardless of their governmental or political system, culture, or religion. |
| The Catholic Church holds the view of natural law introduced by Albertus Magnus and elaborated by Thomas Aquinas. | Aquinas maintained that the eternal law of divine reason is known to us in part by revelation and by the operations of our reason. |
| Common law is understood to bear an inherent connection to natural law, refined through time by history and precedent. | Sir Matthew Hale, a common law jurist, wrote a treatise on natural law that circulated among English lawyers in the eighteenth century. |
| Natural law can be seen as a foundation for justice, with the idea that there are moral facts in the world that exist independently of human thought. | Boston lawyer Benjamin Oliver expressed this view as "the only sure foundation of all right, is the will of the great Creator." |
| The relationship between natural law and positive law (enacted by human authorities) has been a subject of debate. | Aristotle held that "just by nature" and "just by law" are not always the same, while Aquinas derived moral law from the nature of human beings ("natural law"). |
| Natural law proponents have influenced the ratification and enactment of laws, such as the Civil Rights Act, to ensure equal rights and freedoms for all. | The Declaration of Independence in the United States reflects natural law principles, asserting unalienable rights to life, liberty, and the pursuit of happiness. |
| Critics argue that natural law has limitations in addressing immoral states of affairs, such as slavery and the disenfranchisement of women. | The intellectual standing of natural law has waned, and its association with conservative positions on sexual morality may hamper its widescale appeal. |
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What You'll Learn
Natural law and common law in America
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, which are discoverable through reason. It is sometimes referred to as ius naturalism or jusnaturalism. In ethics, natural law theory posits that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms.
Common law, on the other hand, is often called "judge-made law". While natural law and common law are today seen as distinct and unrelated ideas, they have been intertwined throughout American legal history.
In the 17th century, Sir Matthew Hale, a common law jurist, wrote a treatise on natural law that circulated among English lawyers in the 18th century. Hale defined natural law as the "Law of Almighty God given by him to Man with his Nature discovering the morall good and moral evill of Moral Actions, commanding the former, and forbidding the latter by the secret voice or dictate of his implanted nature, his reason, and his concience." He viewed natural law as antecedent, preparatory, and subsequent to civil government, stating that human law cannot go against the Law of Nature.
In the 18th and 19th centuries, William Blackstone provided an influential definition of natural law that encapsulated the commonplace view of Anglo-American lawyers and judges. Blackstone defined law in the abstract as a "rule of action" imposed upon animate and inanimate matter alike, sourced in the divine creation of the universe.
Joseph Story, a principal figure in the natural law tradition, began lecturing at Harvard with natural law as the starting point, voicing the commonly held view that natural law "constitutes the first step in the science of jurisprudence." Story and other natural lawyers believed that law itself is formed from the mind or will of God, nature, or human reason, and that justice is integral to law.
Andrew Forsyth, in his book "Common Law and Natural Law in America: From the Puritans to the Legal Realists", traces the interactions of natural and common law in America from the Puritans to the twentieth century. He argues that natural law "undergirded the development of American jurisprudence" and that consensus on the relationship between natural and common law persisted until the early twentieth century when it was overshadowed by intentional secularization and legal realism.
In conclusion, natural law and common law in America have a complex and intertwined history, with natural law influencing the development of American jurisprudence and legal education. While they are now often seen as distinct, the relationship between these two legal traditions continues to be a subject of debate and discussion.
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The Catholic Church's view of natural law
According to Aquinas, the natural law is "nothing else than the rational creature's participation in the eternal law". In other words, God's universe is rational and orderly, and as rational creatures, we are able to discern what we should and should not do. For example, we know that murder is wrong, even without the Ten Commandments telling us so.
Catholic moral teaching often invokes natural law arguments to denounce "unnatural" and therefore immoral acts, such as contraception, same-sex sexual relations, and certain assisted reproductive technologies. These acts are considered contrary to the natural order and, therefore, sinful.
Natural law is also important for understanding civil society and the role of legitimate authority. For instance, St. Paul writes, "Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God" (Rom. 13:1). However, Paul himself was put to death by governing authorities, highlighting the complexity of the relationship between natural law and positive law (man-made laws).
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Natural law in ethics and philosophy
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 believed to be common to all humans, regardless of their culture, religion, or political system. Natural law theory in ethics holds 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 has a long history, with philosophers and theologians offering various interpretations. Aristotle, for instance, argued that what is "just by nature" does not always align with what is "just by law." He observed the Greeks in their city-states, where women were subordinated to men, slaves to citizens, and "barbarians" to Hellenes. Aristotle's view contrasts with that of the Stoics, who conceived of a wholly egalitarian law of nature in harmony with the logos inherent in the human mind.
In the Catholic Church, the view of natural law was introduced by Albertus Magnus and elaborated by Thomas Aquinas, particularly in his "Summa Theologica." Aquinas maintained that while the eternal law of divine reason is unknowable in its perfection, it is partially known to us through revelation and our own reason. He identified the rational nature of human beings as the foundation of moral law, stating that human acts should be governed by reason.
Natural law theory has also been influential in American jurisprudence. Figures like William Blackstone, Joseph Story, and Sir Matthew Hale contributed to its development. Blackstone, for instance, defined law in the abstract as a "rule of action" imposed on all matter, with moral laws governing rational animals stemming from the same divine source that created the universe. Hale, meanwhile, viewed natural law as antecedent, preparatory, and subsequent to civil government, stating that human law cannot contradict the injunctions of natural law.
Despite its influence, natural law theory has faced objections and challenges. Some contemporary relativist philosophers argue that cultural and legal differences preclude the existence of a universal common standard. Additionally, the theory has been criticized for its inability to effectively address immoral states of affairs, such as slavery and the disenfranchisement of women.
In conclusion, natural law in ethics and philosophy posits that universal moral principles and rights are inherent in human nature and can be discovered through reason. While the theory has a significant intellectual history and has shaped legal systems, it also faces ongoing debates and criticisms regarding its universality and applicability in addressing societal injustices.
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The influence of natural law on the US legal system
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 are independent of enacted laws or societal norms. The theory holds that certain rights and moral values are inherent in human nature and are universally applicable.
Prominent figures in the US legal tradition, such as William Blackstone, have also contributed to the influence of natural law. Blackstone's definition of law as a "rule of action" imposed upon all matter, including rational animals, aligns with the concept of natural law. Blackstone's ideas encapsulated the views of 18th and 19th-century Anglo-American lawyers and judges, further solidifying the presence of natural law in legal thought.
Additionally, natural law theory has been pervasive in legal education in the US. Joseph Story, a Harvard law professor and US Supreme Court Justice, began his lectures by emphasising natural law as the "first step in the science of jurisprudence." Story's framework, which tied law, God, and society together, influenced how law students understood the relationship between law and morality.
The work of theologians and philosophers, such as St. Thomas Aquinas, has also had an impact. Aquinas's systematization of natural law, which identified the rational nature of humans as the basis of moral law, influenced the development of legal theory. The Catholic Church's interpretation of natural law, as introduced by Albertus Magnus and elaborated by Aquinas, further shaped the understanding of natural law within the Christian tradition.
While the language of natural law may have lost some of its prominence, its influence on the US legal system remains. Legal practice continues to be shaped by morality, and the tradition of connecting common law with natural law persists, even as it evolves through historical refinement and precedent. The ongoing influence of natural law can be seen in the enactment of laws such as the Civil Rights Act, which aims to guarantee rights and freedoms for all humans, reflecting the core principles of natural law.
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Natural law as a foundation for justice
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 independent of enacted laws or societal norms. According to this theory, everyone has the same rights, regardless of their governmental or political system, culture, or religion. These rights, such as life, liberty, and property, are considered birthrights that cannot be denied by others or by human law.
The concept of natural law has a long history, with philosophers and theologians offering various interpretations. Aristotle, for example, held that what was "just by nature" did not always align with what was "just by law." He observed the Greeks in their city-states, where women were subordinated to men, slaves to citizens, and "barbarians" to Hellenes. In contrast, the Stoics conceived of an egalitarian law of nature in line with the logos inherent in the human mind.
The Catholic Church, influenced by St. Thomas Aquinas, holds a particular view of natural law. Aquinas maintained that the eternal law of divine reason, while unknowable in its perfection, is partially understood through revelation and our own reason. This law of nature comprises the precepts that humankind can formulate, such as self-preservation and the fulfillment of natural inclinations.
In the American context, figures like Boston lawyer Benjamin Oliver and lawyer-poet William Hosmer have advocated for the recognition of natural law. Oliver stated that "the only sure foundation of all right is the will of the great Creator." Hosmer, meanwhile, inferred from basic human needs that the pursuit of the goods of life and community was regulated by natural laws.
The influence of natural law can be seen in the early documents of the United States, such as the Declaration of Independence, which asserts unalienable rights to life, liberty, and the pursuit of happiness. However, many early laws were exclusionary, and the question arises as to why natural law has failed to address immoral states of affairs like slavery and the disenfranchisement of women.
Despite these challenges, some scholars argue for the revival of natural law as a foundation for justice. They suggest that it can provide a moral framework for society and that its principles can guide the creation and interpretation of human-made laws.
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Frequently asked questions
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. It is the belief that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms.
Natural law is seen as antecedent, preparatory, and subsequent to civil government. It is believed that human law "cannot forbid what the Law of Nature injoins, nor Command what the Law of Nature prohibits". Common law, on the other hand, is defined by statute and common law practices, which may or may not reflect natural law.
Some well-accepted examples of natural law in society include the belief that it is wrong for one person to kill another, and that every human should have the unalienable rights to life, liberty, and the pursuit of happiness.
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