Cecily Zamora
Natural law theory is a philosophical and legal theory that asserts the existence of inherent laws derived from nature and universal moral principles. While the central ideas of natural law have been present in Christian thought since the Roman Empire, the theory was established as a consistent system by St. Thomas Aquinas in the 12th and 13th centuries. Aquinas' theory, known as Lex Naturalis, argues that human lives are sacred and possess infinite value compared to other created objects, thus establishing the presence of intrinsic rights. Over time, natural law theory has been further developed by various philosophers, including Aristotle, Hobbes, Locke, and Jefferson, and continues to be referenced, disputed, and analysed.
| Characteristics | Values |
|---|---|
| Date | The central ideas of natural law have been part of Christian thought since the Roman Empire, but its foundation as a consistent system was laid by Aquinas in the 12th or 13th century. Modern natural law theory took shape in the Age of Enlightenment. |
| Key figures | Aquinas, Aristotle, St. Paul, St. Augustine of Hippo, Gratian, Cicero, John Locke, Thomas Jefferson, Mahatma Gandhi, Martin Luther King Jr., Hobbes, Murray Rothbard, Frank van Dun, John Finnis, Lon L. Fuller, Ronald Dworkin |
| Definition | 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. |
| Relation to positive law | Natural law is distinct from positive law, which states that laws are rules created by human authorities and are not necessarily connected to moral principles. |
| Objectivity | Natural law theory holds that moral standards are objectively derived from the nature of human beings and the world. |
| Relation to human rights | Natural laws are different from human rights, which can vary across jurisdictions and change over time. Natural laws are considered universal and inherent in human nature. |
| Examples | Killing a human being is wrong; the belief that punishing someone for killing a person is right; two people who create a child become the natural caregivers. |
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What You'll Learn
Natural law theory's origins in Christian thought
Natural law theory is a philosophical theory that asserts that certain rights, values, and responsibilities are inherent in human nature. It is the belief that there is a set of inherent laws derived from nature and universal moral principles that can be discovered through reason. Natural law theory holds that these laws are a universal moral code, independent of enacted laws or societal norms.
The origins of natural law theory can be traced back to ancient Greek philosophy, including Aristotle, and was later mentioned in ancient Roman philosophy by Cicero. The Stoics, including Cicero, believed in an entirely egalitarian law of nature, with the idea that there is a "'divine spark' within everyone that helps them live in accordance with nature. This belief was reflected in the writings of St. Paul in the Bible, who described a law "written in the hearts" of the Gentiles (Romans 2:14-15). St. Augustine of Hippo (354-430) further developed this idea, arguing that man lived freely under natural law before his fall into sin and bondage under positive law.
In the Middle Ages, Christian philosophers such as Albert the Great and Thomas Aquinas contributed significantly to the development of natural law theory. Aquinas, in particular, is known for synthesizing and condensing the ideas of his predecessors into his Lex Naturalis ('natural law'). He argued that because humans have reason, and because reason is a spark of the divine, all human lives are sacred and of infinite value. This intrinsic value bestows upon every person a basic set of rights that cannot be taken away.
During the Renaissance and the Age of Enlightenment, modern natural law theories emerged, combining natural law with other philosophical theories such as social contract theory. Thinkers such as John Locke incorporated natural law into their philosophies, particularly in his work "Two Treatises of Government." Locke's ideas influenced Thomas Jefferson, who echoed Locke's concepts of natural rights in the Declaration of Independence.
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St. Thomas Aquinas's systematization
Natural law theory, a system of justice held to be common to all humans and derived from nature, has been part of Christian thought since the Roman Empire. However, it was St. Thomas Aquinas (c. 1224/1225–1274) who laid the foundation for natural law as a consistent system, synthesising and condensing the ideas of his predecessors into his Lex Naturalis (lit. 'natural law'). Aquinas is widely regarded as the West's foremost natural law theorist.
Aquinas' systematisation of natural law theory is contained in his masterwork, the Summa Theologiae, specifically in the Treatise on Law, which comprises Questions 90 to 108 in the first part of the second part of the three-part Summa. Aquinas' theory revolves around the idea 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 endowed with an intrinsic basic set of rights that no one can revoke.
Aquinas' theory of natural law consists of four types of law: Eternal Law, Natural Law, Human Law, and Divine Law. By "Eternal Law", Aquinas refers to God's rational purpose and plan for all things. The law of nature, or "Natural Law", is the participation of the Eternal Law in the rational creature, comprising the precepts that humankind can formulate. These include the preservation of one's own good, the fulfilment of "those inclinations which nature has taught to all animals", and the pursuit of the knowledge of God.
Aquinas' theory acknowledges two key features of natural law. Firstly, when focusing on God's role as the giver of natural law, natural law is one aspect of divine providence, making the theory of natural law one part of the theory of divine providence. Secondly, when focusing on the human role as the recipient of natural law, natural law constitutes the principles of practical rationality, the principles by which human action is judged as reasonable or unreasonable. Thus, the theory of natural law is the preeminent part of the theory of practical rationality.
Aquinas' theory of natural law had a significant impact on subsequent natural law theorising, influencing later thinkers such as John Locke, Thomas Jefferson, Mahatma Gandhi, and Martin Luther King Jr. Locke, for example, incorporated natural law into his theories and philosophy, particularly in his "Two Treatises of Government". Jefferson, in the Declaration of Independence, echoed Locke's ideas about natural rights and the consent of the governed.
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Natural law in the Age of Enlightenment
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 thought to be independent of enacted laws or societal norms. The theory holds that certain rights, values, and responsibilities are inherent in human nature.
During the Age of Enlightenment, natural law theory took on a more modern form, combining inspiration from Roman law, Christian scholastic philosophy, and contemporary concepts such as social contract theory. This period saw key proponents of natural law, such as John Locke, who stressed its role in justifying property rights and the right to revolution. Locke's understanding of natural law was influenced by Thomas Hobbes, who defined the right of nature (jus naturale) as "the liberty each man hath to use his own power for the preservation of his own nature, that is to say, of life."
The Enlightenment-era thinkers challenged the theory of the divine right of kings and used natural law as an alternative justification for the establishment of a social contract, positive law, and government, leading to the development of classical republicanism. The concept of natural law was also central to the American Revolution, with the Declaration of Independence echoing Locke's ideas on natural rights and the consent of the governed.
The belief in natural law during the Age of Enlightenment was not universal, and there were varying interpretations. For example, Hugo Grotius (1583-1645) claimed that nations were subject to natural law, while Johannes Althusius (1557-1638), a Calvinist, elaborated his theory of universally binding law from theological doctrines of predestination. The Scottish Enlightenment thinkers, influenced by Locke's anti-rationalist approach, made their case for liberty, including figures such as Adam Smith, David Hume, and Adam Ferguson.
By the early 19th century, the philosophy of Immanuel Kant and the utilitarianism of Jeremy Bentham had weakened the belief in natural law as the source of moral or legal norms. However, in the mid-20th century, there was a revival of interest sparked by the widespread belief that the Nazi regime had been essentially lawless, despite being a source of positive law.
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John Locke's interpretation
Natural law theory, or jusnaturalism, is a philosophical and legal theory that asserts the existence of inherent laws of nature that are independent of enacted laws or societal norms. While the central ideas of natural law have been present in Christian thought since the Roman Empire, St. Thomas Aquinas laid the foundation for a consistent system of natural law theory in the 13th century.
John Locke, an English philosopher, incorporated natural law into many of his theories, especially in his most important political work, "Two Treatises of Government." Locke's interpretation of natural law is a subject of debate, with some arguing that his conception was similar to that of Aquinas, while others contend that it was closer to Hobbes' radical reinterpretation. Locke's philosophy is often described as liberal, emphasizing individual rights and limited government.
In his work, Locke speaks of a state of nature where men are free, equal, and independent. He argues that in this state, individuals have a natural duty to respect the rights of others. This duty forms the basis for the social contract and government by consent. Locke goes beyond Hobbes by emphasizing that governments must respect the rights of individuals, including "life, liberty, and property." If a ruler violates natural law and fails to protect these rights, Locke suggests that people can justifiably overthrow the state and establish a new one.
Locke's interpretation of natural law is closely tied to his Christian beliefs. According to John Dunn, Locke's state of nature thinking reflects his theological position that man exists in a world created by God and that governments are established by men to further God's purposes. This interpretation suggests that Locke's theory of natural law defines the rights of persons and their status as free and equal.
While Locke's philosophy is often associated with liberalism and individual rights, some scholars argue that his true position may be based on Hobbes' concept of natural rights rather than natural law. This controversy is a significant point of debate in interpreting Locke's work.
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Natural law in the US legal system
Natural law theory is an ancient concept, with central ideas that have been part of Christian thought since the Roman Empire. However, it was St. Thomas Aquinas in the 13th century who laid the foundation for a consistent system of natural law, known as Lex Naturalis. Aquinas argued that because human beings possess reason, and because reason is a spark of the divine, all human lives are sacred and of equal value. This means that everyone is endowed with an intrinsic set of basic rights that cannot be revoked.
Modern natural law theory emerged during the Age of Enlightenment, drawing on Roman law, Christian scholastic philosophy, and contemporary concepts such as social contract theory. It played a pivotal role in challenging the theory of the divine right of kings and provided an alternative justification for the establishment of a social contract, positive law, and government.
In the US legal system, natural law holds significant influence and is considered by many to be the bedrock of the nation's laws and systems. The Declaration of Independence, one of the earliest documents in American history, reflects the principles of natural law in its assertion that every individual possesses unalienable rights to life, liberty, and the pursuit of happiness. This document, influenced by John Locke's incorporation of natural law into his theories, served as a justification for the American Revolution and the separation from British rule.
Martin Luther King Jr., echoing the ideas of Aquinas, asserted that individuals have a moral responsibility to disobey unjust laws that conflict with natural law. He believed that any law that degrades human personality is unjust, while any law that uplifts it is just. This notion underscores the deep-rooted presence of natural law thinking in the US legal system and its connection to the nation's founding principles.
The impact of natural law theory is also evident in the works of American thinkers such as Thomas Jefferson, whose ideas in the Declaration of Independence aligned with Lockean principles, and Henry de Bracton, who adapted Roman principles to the English context, emphasising that the king is under the law. Furthermore, the Belgian philosopher of law, Frank van Dun, has elaborated on a secular conception of natural law, and Murray Rothbard, an anarcho-capitalist theorist, has argued for the existence of a natural law discoverable by reason as a challenge to traditional customs or state authority.
In summary, natural law theory, with its roots in ancient philosophy and religion, has had a profound impact on the development of the US legal system. It has shaped foundational documents, inspired influential thinkers, and continues to inform discussions about rights, ethics, and governance in the American context.
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Frequently asked questions
Natural law theory is a philosophical theory that asserts that humans have certain rights, values, and responsibilities that are inherent in human nature.
The central ideas of natural law have been part of Christian thought since the Roman Empire. However, its foundation as a consistent system was laid by St. Thomas Aquinas in the 12th or 13th century.
Aquinas synthesised and condensed his predecessors' ideas into his Lex Naturalis (natural law). He argued that because humans have reason, and because reason is a spark of the divine, all human lives are sacred, equal, and bestowed with an intrinsic basic set of rights.
Modern natural law theory took shape in the Age of Enlightenment, combining inspiration from Roman law, Christian scholastic philosophy, and contemporary concepts such as social contract theory. It has been incorporated into the theories of many great thinkers, including John Locke, Thomas Jefferson, Mahatma Gandhi, and Martin Luther King Jr.
Natural law is derived from nature and universal moral principles, while positive law refers to rules created by human authorities that are not necessarily connected to moral principles.
