Cameron Miranda
The first person to present the concept of natural law is a topic of debate. Many consider Aristotle (384–322 BCE) to be the founder of natural law. Aristotle argued that what is “just by nature” is not always the same as what is “just by law. However, some sources state that the Stoics were the first to present natural law, believing that there is a way in which the universe has been designed, and that natural law helps us to harmonize with this. In the 12th century, an Italian monk named Gratian equated natural law with divine law. In the 16th and 17th centuries, the members of the School of Salamanca were the first to develop a modern approach to natural law, based on the works of Thomas Aquinas. Aquinas is generally regarded as the West's most eminent natural law theorist, synthesizing ancient traditions of natural law thinking within a framework of divine providence.
| Characteristics | Values |
|---|---|
| First person to present natural law | Aristotle (384–322 BCE) |
| St. Thomas Aquinas (1224/1225–1274 CE) | |
| First appearance of natural law | Stoics |
| St. Paul (c. 10–67 CE) | |
| St. Augustine of Hippo (354–430 CE) | |
| Gratian, an Italian monk (12th century) | |
| Members of the School of Salamanca (16th and 17th centuries) | |
| Basis of natural law | Natural justice |
| Intrinsic values | |
| Divine law | |
| Eternal law | |
| Rational nature of human beings | |
| Morality | |
| Religion | |
| Natural right | |
| Economics |
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What You'll Learn
- Aristotle's view that 'just by nature' and 'just by law' are distinct
- Aquinas' belief that natural law is derived from the rational nature of humans
- Cumberland's view that human nature involves acting for the common good
- Hobbes' subjectivist theory of the good
- Stoicism's belief in a divine spark that helps us live in accordance with nature
Aristotle's view that 'just by nature' and 'just by law' are distinct
Aristotle, who lived between 384 and 322 BCE, is considered by many to be the founder of natural law. However, his paternity of the natural law tradition is disputed. Aristotle's association with natural law may be due to Thomas Aquinas's interpretation of his work, but whether Aquinas correctly interpreted Aristotle is a matter of debate.
Aristotle's views on natural law are recorded in his works, including the Nicomachean Ethics, Politics, and Rhetoric. In the Nicomachean Ethics, Aristotle distinguishes between natural (phusikon) and legal or conventional (nomikon) justice within the sphere of political justice. He argues that what is "'just by nature' is not always the same as what is 'just by law'. According to Aristotle, there is a natural justice that is valid everywhere, regardless of the decisions or laws of any particular group. This natural justice is positive and does not depend on the laws or customs of a specific society.
In the Rhetoric, Aristotle notes that aside from the "particular" laws that each society has established, there is a "common" law that is according to nature. He quotes Sophocles and Empedocles to emphasize this point: "Universal law is the law of Nature. For there really is, as everyone to some extent divines, a natural justice and injustice that is binding on all men, even on those who have no association or covenant with each other." Aristotle's understanding of "natural" is further elaborated in the Nicomachean Ethics, where he acknowledges that both "natural" and "just" are subject to change. Despite this, he maintains that a distinction can be drawn between the aspects of political justice that are obtained by nature and those that are not.
Aristotle's conception of justice is closely tied to the idea of equality. He believed that claims of justice were justified by appealing to a standard of equality, which he termed "proportionate equality." For instance, in a business partnership where one partner contributes 80% of the capital and the other contributes 20%, they should share profits in the same proportion to remain equal. Aristotle also recognized "moral absolutes" or actions that should never be done, regardless of the consequences. For example, given his sympathies with Antigone, it is suggested that he would consider "burying one's blood relation" as one such absolute prescription.
In summary, Aristotle's view that "just by nature" and "just by law" are distinct revolves around his belief in a universal natural justice that transcends societal laws and customs. He argued that natural justice is based on inherent principles of morality and equality, which are universally binding on all people. Aristotle's interpretation of natural law set a precedent for subsequent philosophers, including Aquinas, who further developed the concept by connecting it with religion.
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Aquinas' belief that natural law is derived from the rational nature of humans
The first person to present natural law was Aristotle (384–322 BCE), who is considered by many to be the founder of natural law. He argued that what is “just by nature” is not always the same as what is “just by law”. Aristotle believed that there is a natural justice that is valid everywhere with the same force.
St. Thomas Aquinas (1224/1225–1274 CE) was a prominent Western theorist of natural law. He identified the rational nature of human beings as that which defines moral law:
> The rule and measure of human acts is the reason, which is the first principle of human acts.
Aquinas believed that human beings are by nature rational beings, and so it is morally appropriate that they should behave in a way that conforms to their rational nature. According to Aquinas, the first precept of the natural law is the imperative to do good and avoid evil. He states 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.
Aquinas' natural law theory contains four different types of law: eternal law, natural law, human law, and divine law. He believed that everything has a purpose and follows a plan, and that this plan is part of God's mind. Aquinas' view of natural law is connected to his belief in religion, and he rejects the divine command theory.
Aquinas' theory of natural law influenced the members of the School of Salamanca in the 16th and 17th centuries, who were the first to develop a modern approach to natural law.
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Cumberland's view that human nature involves acting for the common good
The idea of natural law first appeared among the Stoics, who believed that God is everywhere and in everyone. This belief holds that there is a "divine spark" within us that helps us live in accordance with nature. The Stoics believed that there is a way in which the universe has been designed, and that natural law helps us to harmonize with this. Aristotle (384–322 BCE) is considered by many to be the founder of natural law. He argued that what is “just by nature” is not always the same as what is “just by law”. Aristotle believed that there is a natural justice that is valid everywhere with the same force.
Cumberland's view of human nature and the common good is informed by his interpretation of natural law. In his "Treatise of the Laws of Nature", Cumberland states that "all the Laws of Nature are reduc'd to that one, of Benevolence toward all Rationals". He clarifies that by "Rationals", he refers to both God and Man, citing Cicero as his authority. Cumberland's perspective on human nature and the common good stands in contrast to Hobbes's multiplicity of laws. Cumberland argues that the mature development ("perfection") of human nature involves individuals willing and acting for the common good. According to Cumberland, human interdependence precludes Hobbes's view of a natural right of each individual to wage war against all others for personal survival.
Haakonssen warns against interpreting Cumberland as a proponent of "enlightened self-interest". Instead, Cumberland's view emphasizes "a disinterested love of God through love of humanity in ourselves as well as others". This perspective aligns with the idea that human nature involves acting for the common good. Cumberland's interpretation of natural law and his understanding of human nature suggest that individuals possess an inherent capacity for benevolence and a willingness to act for the collective benefit.
Cumberland's perspective on human nature and the common good is part of a broader philosophical discussion about the inherent qualities and characteristics of human beings. The concept of human nature encompasses fundamental dispositions, ways of thinking, feeling, and acting that are naturally attributed to humans. It is often associated with the essence of humankind or what it 'means' to be human. However, the existence of such an essence is a subject of debate, with various philosophical and scientific theories offering different insights.
While Cumberland's interpretation of natural law emphasizes the role of benevolence and acting for the common good, other philosophers have contributed additional perspectives. For example, Aristotle believed that human beings have a natural desire to know the truth, pursue moral excellence, and live a good life. John Locke based his economic theories on a version of natural law, arguing that people have a natural right to claim unowned resources and land as private property. These diverse interpretations of natural law and human nature showcase the complexity and evolving nature of these philosophical concepts.
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Hobbes' subjectivist theory of the good
Thomas Hobbes founded a contractarian theory of legal positivism, which was based on what all humans could agree upon. He believed that what people sought (happiness) was subjective, but a broad consensus could be formed around what they feared, such as violent death. Hobbes was influenced by the mechanistic worldview of Galileo and Harvey, reducing ideas to "motion in some internal substance of the head". This materialistic psychology led to the view that values like good and evil are subjective, as they are "names that signify our appetites and aversions".
Hobbes' theory introduces a certain amount of objectivity into his subjectivist picture. He argues that "appetites and aversions are raised by foresight of the good and evil consequences, and sequels of the action whereof we deliberate". Desires are necessarily linked to some objective reality, as good and evil are divided into real and apparent categories.
Hobbes' subjectivism is presented within a complex argumentative framework, influenced by ancient corpuscular materialism. He dismisses as subjective fictions everything that is not composed of atoms or movements, such as colour, sound, and touch. Hobbes' admiration for deductive science, which deduces the workings of things from basic first principles, is reflected in his philosophical approach.
Hobbes' interpretation of the good has been controversial, as it is challenging to reconcile subjectivist assumptions with an objective theory. His ideas about human motivation are a consequential aspect of his philosophy, leading to debates about the interpretation of the Hobbesian agent as self-interested or rationally calculating. Hobbes' theory of the good is also related to his views on promises and obligations, which carry significant moral weight in his social contract theory.
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Stoicism's belief in a divine spark that helps us live in accordance with nature
Stoicism is a school of Hellenistic philosophy that originated in ancient Greece and Rome. Stoics believe that the universe is governed by reason, or by a God that is immersed in nature itself. Stoicism asserts that the universe is rationally organized and well-ordered, and that all events that occur within it are part of a coherent, well-structured scheme. This belief system is known as metaphysical determinism, and it dictates that cosmic nature is identical to fate. Stoics believe that humans, unlike other animals, are meant to develop reason as adults, which transforms their understanding of themselves and their own good.
Stoicism holds that virtue is the only real good and is thus necessary for happiness. The Stoics defined the goal in life as "living in agreement with nature", or "living in accordance with nature". This means living in agreement with our innate endowment—our ability to reason. Stoics believe that reason is the "rule and measure" of human acts, and that moral law is derived from the nature of human beings.
Stoicism also asserts that there is a "divine spark" within us that helps us live in accordance with nature. Stoic pantheism holds that God is everywhere and in everyone, and that we all share in the divine fire. Stoics believe that each of us has a daimon, or an inner genius or purpose, that connects us to universal nature. Those who keep their individual and universal natures in harmony are happy, while those who do not are not.
The Stoics' belief in living in accordance with nature influenced their view of ethics and morality. Stoics believed that humans possess intrinsic values that govern their reasoning and behavior, and that these values are universally accepted and not created by society or court judges. Stoics also believed that humans have a natural duty, or kathekon, to act appropriately in their given roles in family and society, and that we are obligated to participate in public life.
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Frequently asked questions
Aristotle (384–322 BCE) is considered by many to be the founder of natural law. He argued that what is “just by nature” is not always the same as what is “just by law.”
St. Thomas Aquinas (1224/1225–1274 CE) is regarded as the West's pre-eminent theorist of natural law. In the 16th and 17th centuries, members of the School of Salamanca were the first to develop a modern approach to natural law, greatly influenced by Aquinas.
Natural law is based on the belief that there are intrinsic values that govern human beings' reasoning and behaviour. These values are derived from the nature of the world and the nature of human beings.
Natural law dictates that certain principles are morally inherent and universal, rather than being designed by the norms of society. Positive law refers to the constructs and laws created by humans.
