Natural Law

Definition

Natural law refers to a set of inherent rights and moral principles believed to be universal and discoverable through human reason. This concept suggests that certain rights are granted by nature or a higher power, not by human-made laws, and these rights should be respected and upheld within any legal system. Natural law serves as a foundation for the ideas of natural rights and individual liberty, emphasizing that individuals possess rights simply by being human.

5 Must Know Facts For Your Next Test

1. Natural law theory has roots in ancient philosophy, particularly in the works of Aristotle and Cicero, who argued for a moral order inherent in nature.
2. In the Enlightenment period, thinkers like John Locke advanced natural law as a basis for individual rights and governance, influencing modern democratic thought.
3. Natural law suggests that unjust laws lack legitimacy; thus, citizens have a moral obligation to resist them.
4. Natural law is often contrasted with positive law, which represents laws enacted by governmental bodies that may not necessarily align with moral principles.
5. The concept of natural law has influenced various legal systems around the world, often serving as an argument for human rights protections.

Review Questions

• How does the concept of natural law relate to the development of natural rights?
  • Natural law serves as the philosophical foundation for the concept of natural rights. It posits that all individuals inherently possess certain rights simply by being human, such as life and liberty. This idea was crucial in shaping the understanding that these rights are not granted by governments but are pre-existing and should be recognized and protected by legal systems.
• What role did natural law play in shaping Enlightenment political thought regarding government authority?
  • During the Enlightenment, natural law significantly influenced political thought by arguing that legitimate government authority arises from the protection of natural rights. Thinkers like John Locke asserted that individuals consent to form governments to safeguard their inherent rights. If a government fails to uphold these rights or enacts unjust laws, it loses its legitimacy according to natural law principles.
• Evaluate the implications of natural law on contemporary discussions about justice and morality in legal systems.
  • Natural law continues to be a vital framework in contemporary discussions about justice and morality within legal systems. It raises critical questions about the legitimacy of laws that conflict with moral principles, emphasizing that there is a higher standard than merely positive law. This perspective fosters debates on human rights, civil disobedience, and ethical governance, pushing societies to reflect on whether their laws align with fundamental moral values.

Related terms

Natural Rights: Fundamental rights that every individual is believed to possess inherently, such as life, liberty, and property.

Social Contract: The theory that individuals consent, either explicitly or implicitly, to form a government that will protect their natural rights in exchange for some of their freedoms.

Positive Law: Laws created by humans through legislation, as opposed to natural law which is based on moral principles and human reason.