Natural law

Definition

Natural law is a philosophical concept that posits the existence of inherent moral principles that govern human behavior and can be discovered through reason. It suggests that there are universal truths about right and wrong that apply to all people, regardless of culture or legislation, making it a crucial framework in discussions of ethics and justice.

5 Must Know Facts For Your Next Test

1. Cicero argued that natural law is derived from divine reason and serves as a guide for human conduct, distinguishing between just and unjust actions.
2. In Cicero's view, natural law is immutable and applies universally, transcending specific legal systems or cultural practices.
3. Cicero connected natural law to the concept of justice, stating that true justice must align with these universal moral principles.
4. Natural law influenced later thinkers during the Renaissance and Enlightenment periods, impacting modern legal and ethical theories.
5. Cicero's writings on natural law emphasize the relationship between reason and morality, asserting that rational beings can understand their duties through reflection on natural law.

Review Questions

• How does Cicero define the relationship between natural law and human law?
  • Cicero posits that natural law serves as the foundational basis for human laws, meaning that just laws must align with the principles of natural law. He believes that laws created by humans should reflect these inherent moral truths; otherwise, they risk being unjust. This idea highlights the importance of understanding moral reasoning as essential for the legitimacy of human legal systems.
• In what ways did Cicero's interpretation of natural law influence later philosophical thought during the Renaissance?
  • Cicero's interpretation of natural law had a profound influence on Renaissance thinkers who sought to reconcile classical philosophy with Christian doctrine. His emphasis on universal moral principles inspired scholars to advocate for natural rights, which became foundational in developing modern concepts of justice and governance. This intersection between Cicero's views and Renaissance thought fostered a renewed interest in ethics based on reason and nature.
• Evaluate how the concept of natural law contrasts with legal positivism in terms of moral authority.
  • Natural law asserts that there are objective moral principles inherent in nature that govern human conduct, serving as a standard against which all laws should be measured. In contrast, legal positivism claims that laws are valid based solely on their enactment by authority without needing to adhere to moral standards. This distinction highlights a fundamental debate within legal philosophy: whether laws must align with moral truths or can exist independently based on social constructs.

Related terms

Cicero:

A Roman philosopher and statesman who emphasized the importance of natural law in his writings, arguing that it is the foundation of all human laws and moral obligations.

Stoicism:

An ancient Greek philosophy that teaches the development of self-control and fortitude as a means to overcome destructive emotions, closely tied to the idea of living in accordance with nature and rationality.

Legal positivism: A school of thought in legal philosophy that argues laws are rules created by human beings and do not necessarily have to reflect moral values or natural law.