Natural law

Definition

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.

5 Must Know Facts For Your Next Test

1. Natural law has roots in ancient philosophy, notably in the works of Aristotle and Cicero, and was later expanded by thinkers like Thomas Aquinas.
2. It emphasizes that certain rights, such as life, liberty, and property, are not granted by governments but are inherent to human beings.
3. Natural law serves as a moral foundation against which positive laws can be evaluated; if a law contradicts natural law, it may be deemed unjust.
4. The concept of natural law has significantly influenced the development of modern legal systems and human rights discourse.
5. Natural law can serve as a basis for civil disobedience when laws conflict with moral or ethical principles recognized through reason.

Review Questions

• How does natural law differ from positive law in terms of legitimacy and moral evaluation?
  • Natural law differs from positive law primarily in its foundation. While positive law is created by authorities and may not consider moral implications, natural law is based on universal moral principles that exist independently of government decrees. This means that a positive law may be legally valid but could be deemed illegitimate if it contradicts the moral truths outlined by natural law.
• Discuss the influence of natural law on the concept of human rights and how it has shaped modern legal frameworks.
  • Natural law has had a profound influence on the development of human rights by asserting that certain rights are inherent to all individuals and cannot be taken away by governments. This philosophical underpinning has shaped modern legal frameworks by providing a moral basis for laws aimed at protecting these rights. As a result, many contemporary constitutions and international treaties reference natural law principles when establishing protections for individual freedoms and justice.
• Evaluate the relevance of natural law in contemporary debates over legality versus morality, particularly in issues like civil disobedience.
  • The relevance of natural law in contemporary debates over legality versus morality is significant, especially in contexts where individuals feel compelled to engage in civil disobedience. When laws conflict with what is perceived as moral or just according to natural law principles, activists often argue that they have a duty to resist such laws. This perspective highlights the tension between adhering to positive law and upholding higher moral standards, demonstrating how natural law continues to serve as a guiding framework for evaluating justice and legality in modern society.

Related terms

Positive law: Positive law refers to laws that are enacted by a legitimate authority, such as legislatures or governments, which may not necessarily reflect moral principles.

Social contract theory: Social contract theory posits that individuals consent to form a society and abide by its rules in exchange for protection of their natural rights.

Human rights: Human rights are fundamental rights believed to belong to every person, often rooted in natural law principles, asserting that these rights are inherent and universal.