Higher Law

Definition

Higher law refers to a moral or ethical standard that is considered superior to and guides the creation and interpretation of human-made laws. This concept often arises in discussions about justice, fairness, and the limitations of legal systems, highlighting the belief that there are universal principles that should govern society beyond the written laws enacted by governments.

5 Must Know Facts For Your Next Test

1. Higher law is often invoked in discussions of civil disobedience, where individuals act against unjust laws by appealing to a moral standard.
2. This concept suggests that laws may be flawed or unjust if they conflict with higher moral principles, which can lead to debates about the legitimacy of legal systems.
3. Historically, higher law has been linked to religious or philosophical beliefs, influencing movements for social change and reform throughout history.
4. The tension between higher law and legal positivism illustrates an ongoing debate about whether morality should influence legal systems or if law should be strictly based on enacted statutes.
5. Prominent thinkers such as Thomas Aquinas and Martin Luther King Jr. have articulated views on higher law, emphasizing its importance in achieving justice and equality.

Review Questions

• How does the concept of higher law challenge or support legal positivism?
  • The concept of higher law challenges legal positivism by asserting that there are moral standards that exist independently of human-made laws. While legal positivism focuses solely on the validity of laws based on their creation through recognized authority without considering their moral implications, higher law posits that unjust laws should be critiqued and possibly disobeyed because they violate fundamental ethical principles. This creates a significant philosophical divide regarding the purpose and function of law in society.
• In what ways has the idea of higher law influenced social movements throughout history?
  • The idea of higher law has profoundly influenced social movements by providing a framework for arguing against unjust laws and advocating for change. Figures like Martin Luther King Jr. used the principle of higher law to justify civil disobedience during the Civil Rights Movement, emphasizing that segregation laws were morally wrong despite being legally enacted. This framework allows activists to appeal to universal ethical standards, rallying support for their causes by framing their actions as morally justified against oppressive laws.
• Critically assess how the interpretation of higher law might evolve in contemporary legal debates regarding human rights.
  • In contemporary legal debates concerning human rights, the interpretation of higher law may evolve as societal values shift and new moral dilemmas arise. As global perspectives on issues like gender equality, racial justice, and environmental responsibility change, so too does the understanding of what constitutes a 'higher' moral standard. This evolution could lead to broader interpretations of human rights as inherent moral principles, challenging existing legal frameworks and pushing for reforms that align legal practices with these evolving ethical norms. Ultimately, this assessment requires a nuanced understanding of both legal systems and moral philosophy, highlighting the dynamic relationship between law and morality.

Related terms

Natural Law: Natural law is a theory positing that certain rights and moral values are inherent in human nature and can be discovered through reason, serving as a foundation for higher law.

Legal Positivism: Legal positivism is a school of thought that argues that laws are rules created by human beings and have no necessary connection to morality or ethics, often standing in contrast to higher law theory.

Social Contract: The social contract is a philosophical idea that suggests individuals consent, either explicitly or implicitly, to form a society and accept certain moral and political obligations in return for protection and benefits.