Natural Justice

Definition

Natural justice refers to a moral philosophy that asserts certain rights and principles are inherently understood as just, regardless of specific legal systems. It is rooted in the belief that fairness and equality are fundamental to all human interactions and legal processes, highlighting the importance of due process and impartiality.

5 Must Know Facts For Your Next Test

1. Cicero emphasized that natural law is universal and applies to all people, forming the basis of natural justice.
2. Natural justice for Cicero was deeply connected to the idea of reason; he believed that rational beings could understand and discern what is just.
3. Cicero argued that laws must reflect natural justice to be valid, suggesting that unjust laws do not deserve obedience.
4. The concept of natural justice influenced later thinkers, including medieval scholars and modern legal theorists, shaping ideas about human rights.
5. In Cicero's view, failure to uphold natural justice could lead to societal discord and moral decay, emphasizing its importance for stable governance.

Review Questions

• How does Cicero's understanding of natural justice connect with the idea of reason and rationality?
  • Cicero believed that natural justice is accessible through reason, meaning that rational individuals can recognize fundamental principles of fairness. This connection emphasizes the importance of logical thought in discerning what is just and right in both personal behavior and legal systems. Thus, for Cicero, reason is a crucial tool for understanding natural justice, making it applicable to all rational beings.
• Discuss the implications of Cicero's views on natural justice for the legitimacy of laws within society.
  • Cicero posited that for laws to be legitimate, they must align with the principles of natural justice. If laws contradict these inherent moral principles, they lose their authority and should not be followed. This perspective challenges legal systems to ensure their laws reflect the ideals of fairness and equality inherent in natural justice, highlighting a critical relationship between morality and legality.
• Evaluate how Cicero's ideas on natural justice might inform contemporary discussions about human rights.
  • Cicero's concepts of natural justice suggest that certain rights are inherent and universal, serving as a foundation for modern human rights discussions. By arguing that natural law reflects fundamental truths about fairness and equality, Cicero provides a philosophical basis for asserting that these rights should be upheld by all societies. His ideas encourage contemporary thinkers to consider the moral implications behind laws and policies, advocating for an understanding of rights rooted in shared human dignity.

Related terms

Due Process: A legal principle that ensures fair treatment through the normal judicial system, especially as a citizen's entitlement.

Moral Law: A set of universal ethical principles that govern human conduct, often viewed as derived from nature or reason.

Equity:

A branch of law that addresses concerns of fairness and justice, complementing strict legal rules to achieve fair outcomes.