Glossary

theory, rooted in ancient Greek and Roman thought, posits universal principles of justice and morality that exist independently of human-made laws. This philosophical concept has significantly influenced Western legal traditions and continues to shape debates about law, ethics, and politics.

Natural law is defined as a set of universal, objective, and immutable principles discoverable through reason. It serves as a guiding human behavior and informing positive laws. This concept contrasts with , which focuses on the validity of laws based solely on their enactment by recognized authorities.

Origins of natural law

  • Natural law is a philosophical and legal theory that has its roots in ancient Greek and Roman thought, which held that there are certain universal principles of justice and morality that exist independently of human-made laws
  • The concept of natural law has evolved over time, but its core idea is that there are objective moral standards that should guide human behavior and serve as the basis for legal systems
  • Natural law theory has had a significant influence on the development of Western legal traditions and continues to shape contemporary debates about law, ethics, and politics

Defining natural law

  • Natural law refers to a set of universal, objective, and immutable principles that are inherent in the nature of things and can be discovered through reason and reflection
  • These principles are believed to be the foundation of morality and justice, and they serve as a higher law that should guide human behavior and inform the creation of positive laws (human-made laws)
  • Natural law is often contrasted with legal positivism, which holds that the validity of a law depends solely on its enactment by a recognized authority, regardless of its moral content

Natural law vs positive law

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  • Natural law is based on the idea that there are certain universal moral principles that exist independently of human-made laws, while positive law refers to the specific laws enacted by human authorities (legislatures, courts, etc.)
  • Positive laws are considered valid if they are enacted according to the proper procedures, regardless of their moral content, while natural law holds that a law is only valid if it conforms to universal moral principles
  • Conflicts can arise when positive laws are deemed to violate natural law principles, leading to debates about the legitimacy of such laws and the extent to which they should be followed or resisted

Key principles of natural law

  • Natural law theory holds that there are certain fundamental principles of morality and justice that are inherent in the nature of things and can be discovered through reason and reflection
  • These principles are believed to be universal, applying to all people in all times and places, and immutable, meaning they cannot be changed or overridden by human authorities
  • Key principles of natural law include the right to life, liberty, and property; the duty to respect the rights of others; and the obligation to act in accordance with reason and the common good

Morality as foundation

  • Natural law theory holds that morality is the foundation of law and that human-made laws must conform to universal moral principles in order to be considered valid and legitimate
  • This view contrasts with legal positivism, which holds that the validity of a law depends solely on its enactment by a recognized authority, regardless of its moral content
  • Natural law theorists argue that laws that violate fundamental moral principles (such as laws that permit slavery or genocide) are not truly laws at all and can be legitimately resisted or disobeyed

Universal and immutable

  • Natural law principles are believed to be universal, meaning they apply to all people in all times and places, regardless of cultural, social, or political differences
  • These principles are also considered immutable, meaning they cannot be changed or overridden by human authorities or shifting social norms
  • The idea of universal and immutable moral principles provides a basis for critiquing and reforming human-made laws and institutions that are deemed to violate these principles

Historical development of natural law

  • The concept of natural law has a long and complex history, with roots in ancient Greek and Roman philosophy and significant developments in medieval Christian thought and modern legal theory
  • Throughout its history, natural law theory has been used to justify a wide range of legal and political positions, from the divine right of kings to the of individuals
  • While the specific content of natural law principles has varied over time and across different thinkers, the core idea of a higher that should guide human behavior and inform positive laws has remained central to the tradition

Ancient Greek philosophers

  • The idea of natural law can be traced back to ancient Greek philosophers such as Aristotle, who distinguished between natural justice (which is universal and unchanging) and conventional justice (which varies across different societies)
  • Stoic philosophers developed the idea of a universal law of nature that governs all things, including human behavior, and argued that individuals should live in accordance with this law
  • These ancient Greek ideas laid the foundation for later developments in natural law theory, particularly in Roman law and medieval Christian thought

Medieval Christian thinkers

  • Medieval Christian thinkers such as played a crucial role in developing natural law theory within the context of Christian theology
  • Aquinas argued that natural law is a participation in the eternal law of God and that human reason can discover the basic principles of natural law through reflection on human nature and the created order
  • Aquinas' synthesis of Aristotelian philosophy and Christian theology provided a comprehensive framework for understanding the relationship between natural law, divine law, and human law, which had a profound influence on Western legal and political thought

Contemporary perspectives on natural law

  • Natural law theory continues to be an important and influential perspective in contemporary legal and political philosophy, although it has also been subject to significant criticisms and challenges
  • Modern natural law theorists have sought to develop the tradition in new ways, often in response to the challenges posed by legal positivism, moral relativism, and other competing theories
  • Contemporary debates about natural law often focus on issues such as the relationship between law and morality, the nature and scope of human rights, and the role of religion in public life
  • Modern natural law theorists such as John Finnis and Robert P. George have sought to develop the tradition in new ways, often drawing on the insights of contemporary moral philosophy and legal theory
  • Finnis has argued for a "new natural law theory" that grounds natural law principles in basic human goods (such as life, knowledge, and sociability) and practical reasonableness, rather than in a metaphysical conception of human nature
  • Other contemporary natural law theorists have explored the implications of natural law theory for issues such as constitutional interpretation, international human rights law, and the relationship between law and religion

Criticisms and limitations

  • Natural law theory has been subject to various criticisms and challenges, particularly from legal positivists who argue that the validity of law depends solely on its enactment by recognized authorities, not its moral content
  • Critics have also questioned the idea of universal and immutable moral principles, arguing that moral norms are culturally and historically relative and that there is no objective basis for determining the content of natural law
  • Some have argued that natural law theory can be used to justify oppressive or unjust legal and political arrangements, such as the divine right of kings or the subordination of women, and that it fails to provide clear guidance in cases of moral and legal conflict
  • Despite these criticisms, natural law theory has had a significant influence on the development of legal systems around the world, particularly in the Western legal tradition
  • Natural law principles have played a key role in shaping constitutional law, international human rights law, and other areas of legal doctrine and practice
  • The idea that there are certain universal and inalienable rights that should be protected by law, such as the right to life, liberty, and property, has its roots in natural law theory and continues to be an important part of contemporary legal and political discourse

Role in constitutional law

  • Natural law principles have played a significant role in the development of constitutional law, particularly in the United States and other common law jurisdictions
  • The idea that there are certain fundamental rights that pre-exist government and that should be protected by constitutional guarantees, such as the right to free speech, religion, and due process, has its roots in natural law theory
  • Natural law arguments have been used to justify judicial review of legislation and executive action, on the grounds that courts have a duty to uphold fundamental moral principles and to protect individual rights against government overreach

Impact on human rights

  • Natural law theory has also had a significant impact on the development of international human rights law, particularly in the aftermath of World War II and the Holocaust
  • The , adopted by the United Nations in 1948, reflects natural law principles in its affirmation of the inherent dignity and equal rights of all human beings
  • Subsequent human rights treaties and declarations, such as the International Covenant on Civil and Political Rights and the European Convention on Human Rights, have also been influenced by natural law ideas about the universality and inalienability of certain basic rights and freedoms

Natural law in practice

  • While natural law theory is often associated with abstract philosophical debates, it also has important practical implications for the way that laws are made, interpreted, and applied in concrete legal and political contexts
  • Judges, legislators, and other legal decision-makers often draw on natural law principles, whether explicitly or implicitly, in their reasoning and decision-making
  • Natural law arguments can also play a role in shaping public policy debates and in mobilizing social and political movements for legal and social change

Judicial decision-making

  • Judges in many legal systems, particularly those in the common law tradition, have a degree of discretion in interpreting and applying the law, and natural law principles can inform their reasoning and decision-making
  • In cases involving issues such as constitutional interpretation, human rights, and the scope of government power, judges may draw on natural law arguments to justify their decisions and to provide a moral foundation for legal rules and principles
  • For example, in the famous case of Riggs v. Palmer (1889), a New York court relied on natural law principles to hold that a murderer could not inherit from his victim's estate, despite the absence of a explicit statute prohibiting such inheritance

Shaping public policy

  • Natural law arguments can also play a role in shaping public policy debates and in mobilizing social and political movements for legal and social change
  • Advocates for causes such as civil rights, women's rights, and environmental protection have often drawn on natural law principles to argue for the recognition of new legal rights and the reform of existing laws and institutions
  • For example, the civil rights movement in the United States in the 1950s and 1960s drew on natural law arguments about the inherent dignity and equality of all human beings to challenge segregation and discrimination and to demand legal and social change
  • Similarly, contemporary debates about issues such as same-sex marriage, abortion, and assisted suicide often involve competing claims about the nature and scope of fundamental moral rights and the proper role of law in protecting or limiting those rights

Key Terms to Review (17)

Divine Command Theory: Divine Command Theory is an ethical framework that posits that moral values and duties are grounded in the commands of a divine being. According to this theory, actions are morally right if they align with God's will, and morally wrong if they contradict it. This connection highlights the relationship between morality and religion, suggesting that ethical principles derive their authority from divine mandates.
Enlightenment thought: Enlightenment thought refers to a philosophical movement in the 17th and 18th centuries that emphasized reason, individualism, and skepticism of traditional authority. This intellectual revolution encouraged people to question established norms and beliefs, advocating for liberty, equality, and justice, which greatly influenced concepts of natural law and human rights.
Higher law: Higher law refers to a fundamental set of moral principles or natural rights that is believed to supersede human-made laws. This concept suggests that certain rights and ethical standards are universal and inherent, guiding the creation and interpretation of laws. Higher law emphasizes the notion that laws should align with these moral principles, and if they don't, they may be considered unjust.
Inalienable Rights: Inalienable rights are fundamental rights that cannot be surrendered, transferred, or revoked, as they are considered inherent to all individuals. These rights are often viewed as universal, existing independent of government or societal recognition. The concept emphasizes that certain rights are essential to human dignity and must be protected, regardless of circumstances.
Inherent morality: Inherent morality refers to the idea that certain moral principles are universal and exist independently of human beliefs or societal norms. This concept suggests that there are objective standards of right and wrong that are intrinsic to human nature, influencing laws and ethical standards. Inherent morality serves as a foundation for natural law theories, which argue that laws should reflect these universal moral truths.
John Locke: John Locke was an influential 17th-century English philosopher known for his ideas on natural rights, government by consent, and the social contract. His theories emphasized that individuals possess inherent rights to life, liberty, and property, which governments are obliged to protect. Locke's views laid the groundwork for modern democratic thought and the development of natural law principles.
Legal positivism: Legal positivism is a school of thought in legal theory that emphasizes the importance of written laws and legal statutes created by human beings rather than moral considerations. This perspective asserts that law is a set of rules enacted by governing bodies, and its validity is not dependent on any ethical or moral criteria. Legal positivism stands in contrast to natural law theories, which argue that laws should be based on inherent moral principles.
Moral Law: Moral law refers to a system of ethical principles that govern human behavior and define what is right and wrong. It is based on inherent values and human conscience, often viewed as universal truths that transcend legal statutes. This concept is closely linked to natural law, as moral law is believed to derive from a higher source, influencing the creation of laws in society.
Natural law: Natural law is a philosophical theory that asserts the existence of certain inherent rights and moral principles that are universal and can be understood through human reason. These principles form the basis for evaluating the legitimacy of laws and governance, suggesting that laws should align with moral truths to be considered just.
Natural law jurisprudence: Natural law jurisprudence is a legal philosophy asserting that laws should be based on inherent moral principles found in nature and human reason, rather than solely on human-made statutes. This approach emphasizes that certain rights and moral values are universal and discoverable through reason, serving as a foundation for legal systems to promote justice and the common good.
Natural rights: Natural rights are fundamental human rights that are considered inherent to all individuals, regardless of laws or governmental authority. They are often thought to be universal and inalienable, meaning they cannot be surrendered or taken away, and typically include rights such as life, liberty, and the pursuit of happiness. These rights are rooted in the philosophical concept of natural law, which suggests that certain rights are bestowed upon individuals by nature or a higher moral order.
Nuremberg Trials: The Nuremberg Trials were a series of military tribunals held after World War II to prosecute prominent leaders of Nazi Germany for war crimes, crimes against humanity, and genocide. These trials were significant in establishing the principles of accountability for international crimes and laid the groundwork for contemporary international law, reflecting the importance of legal frameworks that govern human rights and justice on a global scale.
Rationalism: Rationalism is a philosophical belief that emphasizes reason and logic as the primary sources of knowledge and truth. This approach asserts that certain truths can be understood through intellectual deduction, rather than sensory experience alone. In the context of natural law, rationalism suggests that human beings possess the capacity to discern moral principles through their reasoning abilities, leading to the belief in inherent rights and justice that exist independent of governmental authority.
Roe v. wade: Roe v. Wade is a landmark Supreme Court case from 1973 that established a woman's legal right to have an abortion under the right to privacy protected by the Fourteenth Amendment. This decision fundamentally transformed the legal landscape regarding reproductive rights, connecting to debates about personal autonomy, state interests, and social justice.
Thomas Aquinas: Thomas Aquinas was a medieval philosopher and theologian, known for his influential works that merged Christian theology with Aristotelian philosophy. He is best known for developing the concept of natural law, which posits that moral principles are inherent in human nature and can be discovered through reason. This connection between faith and reason laid the groundwork for much of Western legal and ethical thought.
Universal Applicability: Universal applicability refers to the principle that certain laws or moral standards are valid and relevant for all individuals, regardless of culture, location, or time. This concept suggests that there are fundamental truths and rights that transcend specific societal norms, promoting a sense of justice and equality for all people.
Universal Declaration of Human Rights: The Universal Declaration of Human Rights (UDHR) is a milestone document adopted by the United Nations General Assembly in 1948, outlining fundamental human rights that are to be universally protected. It serves as a common standard for all nations to aspire to and emphasizes the importance of dignity, freedom, equality, and justice for every individual, regardless of nationality, race, or religion.
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