Higher law

Definition

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.

5 Must Know Facts For Your Next Test

1. Higher law serves as a moral compass that can challenge unjust laws created by governments, encouraging reform and justice.
2. This concept has roots in ancient philosophy, notably in the works of thinkers like Aristotle and Cicero, who believed in universal moral truths.
3. In American legal history, higher law thinking influenced key documents like the Declaration of Independence, which asserts rights such as life, liberty, and the pursuit of happiness.
4. Higher law can be invoked in legal arguments when individuals believe that statutory laws conflict with fundamental human rights or ethical standards.
5. Critics of higher law argue that its subjectivity can lead to inconsistencies and conflicts when interpreting what constitutes 'higher' moral principles.

Review Questions

• How does the concept of higher law relate to the idea of natural rights in legal theory?
  • Higher law is closely linked to natural rights, as both concepts emphasize inherent moral principles that exist outside of human legislation. Natural rights, which include life, liberty, and property, are often seen as universal entitlements that should inform the creation of laws. Higher law argues that if human-made laws contradict these natural rights, they are inherently unjust and warrant opposition or reform.
• In what ways has the concept of higher law influenced key historical documents or movements advocating for social justice?
  • The idea of higher law has significantly shaped historical documents like the Declaration of Independence and various civil rights movements. For instance, the Declaration asserts that all individuals have certain unalienable rights, which reflects higher law principles. Movements such as abolitionism and civil rights utilized higher law arguments to challenge unjust statutes and advocate for equality and justice based on moral grounds.
• Critically evaluate the implications of relying on higher law in legal systems. What challenges could arise from differing interpretations of what constitutes higher law?
  • Relying on higher law introduces both potential benefits and challenges within legal systems. On one hand, it provides a powerful tool for advocating justice and reforming unjust laws. However, differing interpretations of what constitutes higher law can lead to significant disputes, as individuals or groups may have varying beliefs about morality and ethics. This subjectivity can create inconsistencies in legal reasoning and application, potentially undermining the rule of law if not carefully balanced with established positive laws.

Related terms

Natural Law: A philosophical belief that certain rights and moral values are inherent in human nature and can be understood through reason, serving as a foundation for legal systems.

Social Contract: A theory in political philosophy that posits individuals consent, either explicitly or implicitly, to form a society and abide by its laws in exchange for protection of their rights.

Positive Law: Laws that are enacted by a legitimate authority, reflecting the will of the state or governing body, often contrasted with natural law.