Cecily Zamora
The concept of natural law, sometimes referred to as iusnaturalism or jusnaturalism, has been a cornerstone of Western political philosophy since ancient times, with roots in ancient Greek philosophy and Roman philosophy. In ancient Rome, the jurist and philosopher Cicero (106–43 BCE) articulated what is often considered the first conception of natural law. He described a 'higher law' or 'true law' which is right reason in agreement with nature, eternal and unchangeable, and which should guide human laws. Cicero's ideas influenced the discussion of natural law for centuries, including during the American Revolution. While the central ideas of natural law were part of Christian thought since the Roman Empire, it was the Christian philosopher St. Thomas Aquinas (1224/25–74) who synthesised and condensed his predecessors' ideas into his Lex Naturalis, arguing that natural law is part of divine law, accessible through human reason.
| Characteristics | Values |
|---|---|
| Who conceptualised natural law | Cicero |
| When | 106-43 BCE |
| Who redefined natural law | St. Thomas Aquinas |
| When | 1224/25-74 |
| Who influenced Aquinas' work | Aristotle |
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What You'll Learn
The philosophy of natural law in ancient Rome
Cicero's idea that there are moral criteria for determining the validity of positive law gained currency in the centuries that followed. St. Augustine of Hippo’s (354–430 CE) later succinct claim that “an unjust law does not seem to be a law at all” served for centuries as a kind of slogan of the natural-law tradition, despite the assertions of some critics that it was obscure or contradictory.
Natural law (Latin: ius naturale, lex naturalis) 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 ethics, 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. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with positive law (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles.
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 was used in challenging the theory of the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government—and thus legal rights—in the form of classical republicanism.
Natural-law theory was given its first systematic treatment by the great Christian philosopher St. Thomas Aquinas (1224/25–74). Aquinas generally worked within the conceptual framework and basic principles of Aristotle’s philosophy of nature, value, and politics but often extended and modified them in novel ways; this is especially so in the case of his philosophy of law. Aquinas defined law in part as an “ordinance of reason”—that is, a prescription that is both produced (by lawmakers) and responded to (by subjects) through an exercise of the distinctive human capacity of reason. He claimed, in terms clearer than in previous theories, that law had by nature a distinctive point or purpose. In the most abstract sense, the purpose of law is to serve the common good of a political community. More concretely, law is a promulgated plan of coordination whereby a society can realize goods (both tangible and intangible) that cannot be achieved by other means.
Natural Law's Ancient Roots: When Did It Begin?
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The influence of Cicero on natural law
The concept of natural law can be traced back to ancient Rome, where it was influenced by various philosophical and legal traditions. One of the key figures in the development of natural law thinking was the Roman statesman and philosopher Cicero. Cicero's contributions to the idea of natural law were significant and had a lasting impact on the development of legal and political thought in the Western world.
Cicero lived during a pivotal time in Roman history, a period of transition from the Republican to the Imperial form of government. He was a scholar, politician, and lawyer, and his writings on philosophy, rhetoric, and law left an indelible mark on Western thought. Among his many achievements, Cicero's interpretation and promotion of the concept of natural law are particularly noteworthy.
So, when exactly was natural law created in ancient Rome? Well, the concept of natural law itself is a philosophical and legal idea that emerged over time, influenced by various schools of thought, including Stoicism, which was adopted by the Romans from the Greeks. Cicero played a crucial role in synthesizing and popularizing these ideas, particularly through his writings during the 1st century BC.
Cicero's interpretation of natural law was heavily influenced by his study of Stoic philosophy. The Stoics believed in the existence of a natural order to the universe, governed by reason and divine providence. They posited that within this order, there were universal moral principles, or natural laws, that applied to all human beings. Cicero adopted and elaborated on these ideas, integrating them into his own philosophical system.
In Cicero's view, natural law was based on reason and innate moral principles that were accessible to all people. He believed that these principles were universal and eternal, discovered rather than invented, and binding on all people at all times. Cicero wrote that natural law "is based on that first law which is implanted in us by nature, and which we ought to obey as if it were a sort of dictator."
Cicero's writings on natural law had a profound influence on later legal and political thought. His works were widely read and influential during the Middle Ages and the Renaissance, and his ideas about natural law provided a foundation for the development of international law and human rights concepts. Cicero's notion of universal, eternal, and innate moral principles provided a framework for thinking about justice and law that transcended the particular laws of any one society or nation.
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The development of natural law theory by Aquinas
The concept of natural law has a long history, with its roots in ancient Greek and Roman philosophy. In the context of ancient Rome, the idea of natural law was influenced by Stoic philosophy, which believed in the existence of a natural order or law that governs the universe. This natural law was thought to be based on reason and morality, and it was believed to be universally applicable to all people.
While the exact origins of natural law theory in ancient Rome are difficult to pinpoint, the ideas of Stoic philosophers such as Cicero and Seneca helped to shape early concepts of natural law. These philosophers argued that there was a higher law, derived from nature and reason, that should take precedence over man-made laws.
However, it was with the arrival of Christianity that natural law theory truly began to take shape. The fusion of Christian theology and philosophy, particularly the work of St. Thomas Aquinas in the 13th century, provided a more comprehensive and influential framework for natural law thinking.
Thomas Aquinas, a Catholic theologian and philosopher, played a pivotal role in the development and systematization of natural law theory. Building on the ideas of Aristotle and incorporating them into Christian theology, Aquinas provided a comprehensive ethical framework that integrated natural law with divine law.
At the heart of Aquinas's natural law theory is the notion that human beings have a innate sense of morality, implanted in them by God. This moral sense, according to Aquinas, reflects the eternal law, which is the divine plan or rational order established by God for the entire universe. The eternal law, encompassing all creation, is manifested in two ways: as divine law, revealed through Scripture and guiding human behavior toward salvation; and as natural law, discernible through human reason and governing human behavior in pursuit of happiness or fulfillment.
Aquinas identified four types of laws under the umbrella of natural law: eternal, natural, divine, and human. Eternal law, as mentioned, represents God's divine plan and is eternal and unchangeable. Natural law, derived from the eternal law, pertains to the observable natural world and is discoverable by human reason. Divine law, as revealed in the Bible, provides additional guidance and supplements natural law. Finally, human law, established by societies and governments, should ideally reflect and align with natural law.
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The role of natural law in the Age of Enlightenment
The concept of natural law was first introduced by the ancient Roman philosopher Cicero (106–43 BCE). Cicero, a legal practitioner, sought to relate positive law (human-enacted law) to what he considered objective moral truths, which he termed "laws", thereby coining the term "natural law". Cicero's idea that there are moral criteria for determining the validity of positive law gained widespread acceptance in the centuries that followed.
During the Age of Enlightenment, natural law theory was significantly influenced by Roman law, Christian scholastic philosophy, and emerging concepts such as social contract theory. This period witnessed a shift from theological doctrines to a more secular understanding of natural law. Thinkers like Thomas Hobbes (1588–1679) 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". He further elaborated on the elementary rules necessary for establishing peace and society.
John Locke, another key proponent of natural law during the Enlightenment, emphasised its role in justifying property rights and the right to revolution. Locke's interpretation of "reason" in the context of natural law laid the foundation for Scottish Enlightenment thinkers like Adam Smith, David Hume, and Adam Ferguson to advocate for liberty. The Enlightenment era also saw the emergence of documents such as the American Declaration of Independence and France's Declaration of the Rights of Man and of the Citizen, which reflected the influence of natural law principles.
Natural law during the Age of Enlightenment played a pivotal role in challenging the theory of the divine right of kings. It provided an alternative justification for the establishment of a social contract, positive law, and government, leading to the development of classical republicanism. This shift in political thought was underpinned by the belief that all human lives are sacred and inherently equal, as argued by Aquinas, and that certain fundamental rights are inherent and cannot be revoked.
The influence of natural law philosophy during the Enlightenment extended beyond the political realm. Legal scholars such as Fortescue emphasised the importance of both divine and natural law, influencing the development of English law. The School of Salamanca also made notable contributions to the evolution of natural law thinking during the Renaissance.
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The impact of natural law on modern legal systems
Natural law, a concept with deep roots in ancient Roman and Greek philosophy, has had a profound and lasting impact on the development of modern legal systems worldwide. While the exact origins of natural law in ancient Rome are a subject of scholarly debate, its principles can be traced back to the philosophies of Stoicism and the writings of ancient thinkers such as Cicero and Seneca. These ideas would go on to shape legal thinking and influence legal codes for centuries to come.
One of the key contributions of natural law thinking to modern legal systems is the notion of inherent, universal, and immutable rights. Natural law theorists posited that certain rights are inherent to all human beings by virtue of their humanity and existence in society. These rights are seen as universal, applying to all people, and immutable, meaning they cannot be taken away or granted by any earthly power. Concepts such as the right to life, liberty, and property, which are foundational to many modern constitutions and legal frameworks, find their antecedents in natural law philosophy.
Another important impact of natural law on modern legal systems is the idea of a higher law that transcends human-made laws. Natural law theorists argued that there is a higher, divine, or natural law that exists independently of and supersedes human legislation. This concept has had far-reaching implications for legal systems, providing a basis for challenging unjust laws and upholding moral principles even when they conflict with positive law (the laws enacted by a country or region's legislative body). It has influenced the development of legal doctrines such as the "rule of law," which holds that even the most powerful members of a society are bound by recognizable and enforceable laws.
Natural law thinking has also contributed to the development of international law and human rights norms. The idea of universal, inherent rights that transcend national boundaries has provided a moral framework for establishing international agreements and standards. For example, the Universal Declaration of Human Rights, adopted by the United Nations in 1948, reflects natural law principles in its assertion of fundamental human rights that should be protected globally. Similarly, natural law concepts have influenced the development of international criminal law, with tribunals and courts drawing on these ideas to prosecute crimes against humanity, war crimes, and genocide.
In modern times, natural law theory continues to shape legal debates and influence judicial interpretations. For example, in constitutional law, natural law concepts are often invoked in discussions about unenumerated rights—rights that are not explicitly listed in a constitution but are nonetheless recognized as inherent and protected. Natural law thinking also plays a role in discussions about ethical issues, such as abortion, euthanasia, and the balance between individual freedoms and public health during a pandemic.
In conclusion, natural law, with its ancient origins in Roman and Greek philosophy, has had an indelible impact on the development of modern legal systems. Its influence can be seen in the recognition of universal human rights, the idea of a higher law, the development of international law and human rights norms, and its ongoing role in shaping legal debates and interpretations. While legal systems have evolved and adapted over time, the foundations laid by natural law thinking continue to guide and inform our understanding of justice, rights, and the role of law in society.
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Frequently asked questions
The concept of natural law was first conceived by Cicero (106–43 BCE), a Roman jurist and philosopher.
Natural law holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws.
Cicero spoke of a 'higher law' or a 'true law' which is right reason in agreement with nature. He argued that natural law is eternal and unchangeable, and that human laws should reflect this universal order.
The philosophy of natural law was also influenced by Aristotle, an ancient Greek philosopher, and later by Saint Thomas Aquinas, who integrated natural law with Christian theology.
Natural law has played a pivotal role in shaping the Western understanding of justice, governance, and ethical conduct. It has offered a framework for evaluating the justice of civil laws and has advocated for a moral standard against which human legislation can be measured.
