Anaya Nolan
Natural moral law, also known as natural law, is a philosophical and legal theory that asserts the existence of inherent laws derived from nature and universal moral principles. The concept has a long history, with contributions from ancient Greek philosophers to modern thinkers like Mahatma Gandhi and Martin Luther King Jr. While the exact origins of the theory are unclear, it has been significantly influenced by philosophers such as Aristotle, Cicero, St. Thomas Aquinas, and more. Natural law theory holds that certain rights, values, and responsibilities are inherent in human nature and are not dependent on societal norms or human-made laws.
| Characteristics | Values |
|---|---|
| Originator | Cicero |
| Dates | 10-67 CE (St. Paul), 354-430 CE (St. Augustine of Hippo), 1224/1225-1274 CE (St. Thomas Aquinas) |
| Renaissance, Age of Enlightenment, modern times | |
| Ancient Greeks | |
| Supporters | Isidore of Seville, Thomas Aquinas, Leonardo Bruni, Sir Edward Coke, Francis Hutcheson, Burlamaqui, James Wilson, John Adams, Thomas Jefferson, Mahatma Gandhi, Martin Luther King Jr. |
| Aristotle, Albertus Magnus, John Finnis, Grisez, MacIntyre, Murphy, Ronald Dworkin |
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What You'll Learn
Thomas Aquinas's teachings on natural law
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. The theory suggests that these laws are discoverable through reason and are independent of enacted laws or societal norms.
Thomas Aquinas, in his work Summa Theologica, made significant contributions to the understanding of natural law. Aquinas' teachings on natural law are rooted in his belief that the rational nature of human beings defines moral law. He stated that "the rule and measure of human acts is the reason, which is the first principle of human acts" (Summa Theologiae, I-II, Q.90, A.I). This idea is further supported by his quote: "the natural law is nothing else than the rational creature's participation in the eternal law."
Aquinas identified four types of law: eternal law, natural law, human law, and divine law. Eternal law refers to the laws governing the nature of an eternal universe. Natural law, according to Aquinas, is derived from the rational nature of human beings. He believed that humans, as rational beings, should behave in a way that aligns with their rational nature. This led to his view that good and evil are both objective and universal, with the first precept of natural law being the imperative to do good and avoid evil.
Aquinas also recognised the role of human law, which is promulgated by humans, but argued that its validity depends on its conformity to natural law. He stated that "every human law has just so much of the nature of law as is derived from the law of nature. But if in any point it deflects from the law of nature, it is no longer a law but a perversion of law." Furthermore, Aquinas taught that all human laws should be judged by their alignment with natural law. An unjust law, in his view, is not a true law but merely retains the 'appearance' of one.
Aquinas' natural law theory also intersects with his understanding of morality and law. He believed that there is an overlap between the two concepts, known as the Overlap Thesis. This thesis asserts that there is a non-conventional relationship between law and morality, and the notion of law is inherently tied to moral notions. Aquinas' teachings on natural law have had a significant influence on later writers and thinkers, who trace their views back to him, even if they do not reproduce his ideas exactly.
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Cicero's influence on natural law
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. The concept of natural law has been documented in ancient Greek philosophy, including Aristotle, and was mentioned in ancient Roman philosophy by Cicero.
Marcus Tullius Cicero (106–43 B.C.) was a prominent Roman statesman, orator, lawyer, and master of Latin prose. He was also a significant moral and political philosopher, leaving a substantial written legacy. Cicero's treatment of the natural foundation of right is his most important contribution to moral and political thought. It stands at a critical juncture where the idea assumes the language of natural law and directly influences leading thinkers from the first centuries of Christianity through the Renaissance. Cicero's conception of natural law "found its way to later centuries notably through the writings of Isidore of Seville and the Decretum of Gratian."
Cicero's impact, both direct and indirect, on important post-Renaissance thinkers such as Locke, Hume, and Montesquieu was substantial. Through such writers, his thoughts and phrases reached America's founding generations. In the admiration of early Americans, Cicero took pride of place as an orator, political theorist, stylist, and moralist. Thomas Jefferson explicitly named Cicero as one of a handful of major figures who contributed to a tradition "of public right" that informed his draft of the Declaration of Independence. John Adams and James Wilson were also notable for recalling Cicero and his teachings on "the principles of nature and eternal reason." Cicero's description of the immutable, eternal, and universal natural law was quoted by Burlamaqui and later by the American revolutionary legal scholar James Wilson.
In his writings, Cicero presents the perspective that elevating one's thoughts and contemplating the whole cosmos can reveal a "common law of nature" that provides a higher standard than civil law. This law of nature confers both privileges or rights and responsibilities or duties on the truly wise. Cicero's statement that "nature" and "custom" were the sources of a society's laws was quoted by Thomas Aquinas in his summary of medieval natural law. Aquinas, in turn, taught that all human or positive laws were to be judged by their conformity to the natural law. Cicero's influence on the discussion of natural law extended for many centuries, up through the era of the American Revolution. The jurisprudence of the Roman Empire was rooted in his ideas, and he held an "extraordinary grip" on legal thinking.
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Natural law and divine law
The concept of natural law has been a topic of discussion for centuries, with its roots dating back to ancient philosophers like Aristotle and Plato. However, the term "natural law" itself does not have a fixed meaning and has been used in various contexts, including ethics, politics, civil law, and religious morality.
In the context of Catholic philosophy, St. Thomas Aquinas is considered a key figure in the development of natural law theory. Aquinas proposed a hierarchy of laws, including eternal law, natural law, human (or positive) law, and divine law. According to Aquinas, eternal law is the mind of God as understood by God Himself, and it is from this eternal law that divine law, natural law, and human law derive.
Divine law, as defined by Aquinas, is the revealed law of God to man, found in Scripture and the teachings of Christ. It is divided into the Old Law and the New Law, corresponding to the Old and New Testaments of the Bible. The Old Law, revealed by God to Moses, is summed up in the Ten Commandments and is motivated by fear, promising earthly rewards. The New Law, through the teachings of Jesus, commands internal conduct and reaches us by divine love, promising heavenly rewards.
Natural law, on the other hand, is the part of the eternal law that is impressed upon humans by the creator and is self-evident to them. It is accessible to man through reason alone and consists of objective principles that originate in human nature. According to Aquinas, natural law is universal and applies to every person, regardless of the epoch. Human laws, or positive laws, are derived from and must conform to natural law. Aquinas taught that an unjust law is not a law in the true sense and is merely a 'perversion of law'.
In summary, while divine law is God's revealed law given to humans through Scripture and revelation, natural law is the inherent set of laws and principles that humans can discover through their reason and free will. Natural law serves as the foundation for human laws, guiding their creation, interpretation, and application to ensure they align with moral standards.
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Natural law in modern times
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. It suggests that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms.
The ideas of natural law have been part of Christian thought since the Roman Empire, but its foundation as a consistent system is attributed to Thomas Aquinas, who synthesised and condensed his predecessors' ideas into his Lex Naturalis (natural law). 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, meaning everyone is fundamentally equal and bestowed with an intrinsic basic set of rights that no one can remove.
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 to challenge the theory of the divine right of kings and became an alternative justification for the establishment of a social contract, positive law, and government, leading to classical republicanism.
In the 16th and 17th centuries, the School of Salamanca, influenced by Aquinas, developed a modern approach to natural law. The English cleric Richard Cumberland wrote an influential critique of Hobbes's depiction of individual self-interest as the essential feature of human motivation, which inspired 18th-century philosophers Shaftesbury and Hutcheson.
In the modern era, natural law theorists continue to engage in rational inquiry and human reason, drawing on observations of nature and human behaviour, as well as historical and comparative analysis, to derive principles of natural law.
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Natural law theory and human rights
The concept of natural law has a long history, stretching back to ancient philosophers such as Aristotle and Cicero. However, it was later figures such as Thomas Aquinas who developed it into a comprehensive theory, asserting that natural law is the rational creature's participation in the eternal law.
Natural law theory holds that there are certain universal moral standards inherent in all humans, which are discoverable through reason and independent of societal norms or human authority. These moral standards are believed to be derived from the nature of human beings and the world, and they govern human behaviour. This theory has been influential in the development of human rights, as it asserts that everyone has the same rights, regardless of their cultural, political, or religious background. These rights are believed to be inherent and cannot be denied by others or by human laws. Examples of these rights include life, liberty, and property.
The natural law theory also maintains that civil laws should be based on morality and what is inherently correct, rather than being solely devised by human authorities. This is in contrast to positive law, which refers to laws created by human societies and enforced by governments or police. Positive laws may or may not reflect natural laws, and they are subject to change over time and across different societies.
The development of human rights legislation, such as the Civil Rights Act, has been influenced by natural law theory and the activism of proponents advocating for moral and ethical standards to be upheld in law. The idea of natural law provides a framework for understanding and justifying these rights, as it asserts that there are certain universal principles of right and wrong that transcend cultural and societal differences.
While natural law theory has been influential, it is not without its critics. Some scholars, such as John Austin, have challenged the overlap between law and morality, arguing that the validity of a norm does not depend on its conformity to moral standards. Additionally, the interpretation of natural law has evolved over time, with different philosophers and theologians offering varying interpretations, demonstrating the complexity and ambiguity of this concept.
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Frequently asked questions
Natural moral law is a theory and set of principles that are considered inherent to human nature, rather than a creation of human convention.
The theory of natural moral law has been discussed and debated by many philosophers throughout history, including Aristotle, Cicero, Augustine of Hippo, Aquinas, and more.
Natural moral law theory holds that there are certain universal moral values and principles that are inherent in human nature and can be understood independently of societal norms or laws.
Natural moral law contrasts with positive law, which refers to rules and laws created by human authorities that may or may not be connected to moral principles. Natural moral law asserts that there are objective legal standards based on morality that underlie and inform the creation and interpretation of positive laws.
