Human Law

Definition

Human law refers to the body of rules and regulations created by humans to govern behavior within a society. It is distinct from natural law, which is derived from moral principles inherent in nature. Human laws are enacted through legislation and enforced by institutions, serving as a framework for justice and social order while ideally aligning with the moral standards set forth by natural law.

5 Must Know Facts For Your Next Test

1. Human law is contingent upon the social, political, and cultural contexts in which it is created, meaning it can vary greatly between societies.
2. Aquinas believed that human law should reflect natural law; if it does not, it can be considered unjust.
3. Human laws can change over time as societies evolve, reflecting new understandings of justice and morality.
4. In Aquinas's view, an unjust law is not a true law at all, highlighting the importance of alignment between human and natural law.
5. Human laws are typically enforced by government institutions, including courts and law enforcement agencies, to maintain social order.

Review Questions

• How does Aquinas differentiate between human law and natural law, and what implications does this have for governance?
  • Aquinas distinguishes human law as a set of rules created by society, while natural law is seen as universal moral principles derived from nature. He argues that human laws should reflect these natural laws to promote justice and the common good. If human laws deviate from natural law, they risk being unjust and may fail to serve their purpose in governance.
• Discuss how the concept of justice relates to both human law and natural law in Aquinas's philosophy.
  • In Aquinas's philosophy, justice is a fundamental principle that underpins both human and natural law. Human laws are meant to enact justice within society by providing clear guidelines for behavior that align with the moral standards of natural law. If human laws fail to uphold justice, they can be challenged or deemed invalid, emphasizing the need for coherence between these two forms of law.
• Evaluate the role of human law in modern governance in light of Aquinas's views on its relationship with natural law.
  • Evaluating modern governance through Aquinas's lens reveals that while human laws are essential for maintaining order and societal function, their legitimacy depends on their alignment with natural law principles. This raises questions about contemporary legal systems that may permit laws perceived as unjust. The challenge lies in ensuring that human legislation evolves to reflect moral truths consistent with natural law, thereby fostering a just society.

Related terms

Natural Law: A philosophical belief that certain rights and moral values are inherent in human nature and discoverable through reason.

Justice: The principle of fairness that ensures individuals receive what they are due, often seen as the ultimate goal of both human and natural law.

Legislation: The process of making or enacting laws through formal governmental procedures.