Cecily Zamora
The concept of natural law, a system of justice held to be common to all humans and derived from nature, has been elaborated on by many philosophers since its introduction by Aristotle. Aristotle argued that what is just by nature does not always equate to what is just by law, as the former does not rely on the decisions of any particular group, such as lawmakers. The Stoics later built on this idea, conceiving of an egalitarian law of nature in line with reason. Over the centuries, natural law theory has been expanded, criticised, and applied to philosophy, legal, and political structures. Notable contributors to the theory include St. Thomas Aquinas, who synthesised his predecessors' ideas into his Lex Naturalis, and John Locke, who incorporated natural law into his theories, particularly in his Two Treatises of Government.
| Characteristics | Values |
|---|---|
| Date of creation | 384–322 BCE |
| Creator | Aristotle |
| Other contributors | St. Thomas Aquinas, Plato, Cicero, St. Augustine of Hippo, Gratian, Albertus Magnus, Richard Hooker, John Locke, Thomas Jefferson |
| Definition | A system of right or justice held to be common to all humans and derived from nature rather than from the rules of society or positive law |
| Other definitions | The revealed law of the Old and New Testaments; the Christian version of the Golden Rule; the rational creature's participation in the eternal law |
| Other characteristics | Natural law is not the same as positive law; natural law is based on morality and human nature |
| Examples | Murder is wrong, and it is right to punish a murderer; two people who create a child become the child's parents and caregivers |
| Other uses | Natural law has been used in political philosophy, ethics, civil law, and religious morality |
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What You'll Learn
Aristotle's influence
Aristotle (384–322 BCE) is often associated with the concept of natural law. He is said to have held that what is "just by nature" does not always align with what is "just by law". In other words, he believed in a universal natural justice that exists independently of human thinking or positive law. Aristotle's perspective is reflected in his observation of the Greeks in their city-states, where hierarchies of power existed, such as the subordination of women to men, slaves to citizens, and "barbarians" to Hellenes.
One of Aristotle's notable contributions to the concept of natural law is his distinction between natural (phusikon) and legal or conventional (nomikon) justice within the sphere of political justice. He argued that political justice encompasses both natural and conventional elements, with the natural part embodying formal principles of natural justice, such as forbidding murder, theft, and adultery. These principles of natural justice are considered unchangeable due to their universal moral validity.
Aristotle's interpretation of natural law has been subject to debate, with some attributing his influence to the interpretations of his work by Thomas Aquinas. According to this perspective, Aquinas conflates natural law and natural right, which Aristotle discusses in his Nicomachean Ethics. Aristotle's understanding of natural justice is presented as a scheme of distributive and corrective justice that would exist in an ideal political community. However, he suggests in his work "Politics" that the best regime may not rule by law at all.
Aristotle's concept of natural law is also contrasted with the views of the Stoics, who asserted the existence of a rational and purposeful order to the universe, known as divine or eternal law. The Stoics, including Cicero and Seneca, promoted the idea of an egalitarian law of nature, while Aristotle's theory emphasized the appeal to a higher law that was emphatically natural rather than resulting from divine positive legislation.
In conclusion, Aristotle's influence on the concept of natural law is significant. He is credited with introducing the idea of a universal natural justice that exists independently of human-made laws. His distinction between natural and conventional justice and his interpretation of political justice have shaped philosophical discussions. However, the interpretation of his work, particularly by Aquinas, has also influenced how his ideas are understood and applied within the context of natural law theory.
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Aquinas's Lex Naturalis
The concept of natural law has a long history, stretching back to ancient Greek philosophy and Aristotle, who is often associated with the idea. However, the interpretation of Aristotle's work, particularly by Thomas Aquinas, has sparked debates. Aquinas, a Christian philosopher, played a significant role in shaping the understanding of natural law during the Middle Ages.
According to Aquinas, human beings possess reason, and this capacity for reason is a spark of the divine. This belief forms the foundation of his natural law theory. Aquinas argues that because of our inherent reason, all human lives are sacred and possess infinite value compared to any other creation. This intrinsic worth, in Aquinas's view, establishes fundamental equality among all people, along with a basic set of rights that cannot be taken away.
Aquinas's interpretation of natural law includes the notion of "aeternal law." This concept suggests that while the eternal law of divine reason is perfect and resides in God's mind, humans can partially understand it through reason. Aquinas's theory also acknowledges natural inclinations, such as the preservation of one's own good and the fulfillment of inclinations taught by nature to all animals.
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Gratian's canon law
Gratian, an Italian monk and canon lawyer from Etruria, is often regarded as the "father of canon law". He is best known for his work, the "Decretum Gratiani" or "Decretum", a collection of Catholic canon law compiled and written in the 12th century. The Decretum is a vast collection of nearly 4,000 texts on various fields of church discipline, presented in the form of a treatise. It is divided into three parts: the first part covers the general principles of canon law, the second part deals with ecclesiastical administration, procedural issues, and marriage, and the third part focuses on sacramental and liturgical law.
Gratian's work was significant because it attempted to reconcile contradictory canons from previous centuries. He quoted a wide range of authorities, including the Bible, papal and conciliar legislation, church fathers such as Augustine of Hippo, and secular law, to address the disputes and complexities of ecclesiastical jurisprudence. This endeavour earned him a place in Dante Alighieri's "Paradise", where Dante recognised Gratian's contribution to the separation of canonical and civil jurisdictions.
The Decretum became the cornerstone of the "Corpus Juris Canonici", serving as the primary source of law for canonists of the Catholic Church until the Decretals promulgated by Pope Gregory IX in 1234. Even after the Decretals, the Decretum retained its importance as the first part of the Corpus Juris Canonici, which remained in force until 1917.
Gratian's work built upon earlier traditions of canon law. He is believed to have studied theology and canon law, though contemporary scholars dispute the traditional claim that he was a monk at Camaldoli and taught at the monastery of St. Felix in Bologna. Instead, it is suggested that he may have worked in episcopal cities like Arezzo, Pisa, or Bologna, where both civil and ecclesiastical jurisdictions were handled by ecclesiastical courts.
Gratian's Decretum played a pivotal role in shaping the study of canon law as a distinct branch of learning separate from theology. It laid the foundation for the development and systematisation of canon law within the Catholic Church, influencing both juristic and scholastic thought.
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John Locke's theories
John Locke is considered one of the founders of "liberal" political philosophy, which centres on the philosophy of individual rights and limited government. Locke's most important political work, the Second Treatise of Government, is grounded in natural law.
Locke's theory of natural law is based on the idea that there are certain moral truths that apply to all people, regardless of their location or the agreements they have made. He differentiates between laws that are by nature and are thus generally applicable, and those that are conventional and only apply in places where the convention has been established. According to Locke, government is limited to fulfilling the purposes of natural law, which include both positive goals and negative rights. He defines political power as "a right of making laws with penalties of death, and consequently all less penalties."
Locke's philosophy champions the social contract and government by consent. He argues that individuals create societies and governments through a social contract to escape the "state of nature," which he describes as a condition where men are free, equal, and independent. In this state of nature, men are at liberty to do as they wish, but only "within the bounds of the law of nature." This differentiates Locke from Thomas Hobbes, whose state of nature is characterised by a "war of all against all," with individuals having no duties to one another.
Locke's theories of natural law and natural rights are 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 for God's purposes, and that governments are created by men to further those purposes. Locke's theory of natural law defines the rights of persons and their status as free and equal.
While Locke's philosophy has been influential, particularly in inspiring the American Founding Fathers, there are differing interpretations of his work. Some argue that his political philosophy is based on natural rights, similar to Hobbes, rather than natural law.
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Natural law in the modern era
The concept of natural law has a long and complex history, with several ancient and modern philosophers contributing to its development. In the modern era, natural law theory has continued to evolve and remains a subject of debate and discussion among scholars.
During the Enlightenment, natural law theory took on new shapes, drawing inspiration from Roman law, Christian scholastic philosophy, and emerging concepts such as social contract theory. This period saw the rise of influential thinkers like John Locke, who emphasised the role of natural law in justifying property rights and the right to revolution. Locke was a key proponent of natural law during this time, and his ideas helped shape the development of classical republicanism.
In the 16th and 17th centuries, the School of Salamanca, influenced by the works of Thomas Aquinas, developed a modern approach to natural law that greatly influenced Grotius. This period also saw the emergence of other notable figures, such as Leonardus Lessius, who believed that natural law stems from the rational nature and natural state of everything, and Domingo de Soto, who emphasised the role of theologians in assessing the moral foundations of civil law.
The Enlightenment and the subsequent modern era witnessed a diverse range of perspectives on natural law. While some scholars, like John Austin, focused on providing necessary and sufficient conditions for the existence of law, others, such as Thomas Aquinas, explored the overlap between natural law moral and legal theories. The neo-naturalism of John Finnis built upon classical natural law theory, while Lon L. Fuller's procedural naturalism rejected the idea of necessary substantive moral constraints on the content of law.
The modern era also brought about a broader view of natural law, with some writers interpreting any moral theory that aligns with moral realism as a form of natural law. This expansion of the term's meaning has led to a variety of interpretations, with some using it broadly and others narrowly, specifically associating it with Aristotelian teleology.
In the early 21st century, the concept of natural law remains closely tied to the idea of natural rights, finding support among libertarian and conservative thinkers. The relationship between natural law and morality continues to be a subject of discussion, with some scholars arguing for the intersection of these concepts and others maintaining their logical independence.
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Frequently asked questions
The concept of natural law has been attributed to several ancient Greek philosophers, including Aristotle, Plato, and later, St. Thomas Aquinas.
Natural law is a philosophical theory that involves the idea that rights, values, and responsibilities are inherent in human nature.
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. It is the belief that certain norms are authoritative due to their moral content, regardless of any convention or human-made law.
Positive law, as in legal positivism, emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. In contrast, natural law asserts that there are universal moral standards that transcend human-made laws and inform their creation and interpretation.
Natural law has had a significant influence on modern political philosophy. For example, John Locke incorporated natural law into his theories, particularly in his work "Two Treatises of Government." Locke's ideas were echoed in the Declaration of Independence, which appealed to unalienable rights and the idea that governments require the consent of the governed.
