Natural law

Definition

Natural law is a philosophical and legal theory that posits the existence of inherent laws and moral principles that govern human behavior, which are discoverable through reason and are applicable universally. This concept suggests that certain rights and ethical standards exist independently of man-made laws, connecting deeply to ideas of justice and morality found in various political philosophies throughout history.

5 Must Know Facts For Your Next Test

1. Natural law dates back to ancient Greek philosophy, particularly with thinkers like Aristotle who emphasized rationality in understanding ethics and governance.
2. During the medieval period, natural law became intertwined with religious teachings, especially in the works of Thomas Aquinas, who argued that natural law is part of divine order.
3. Natural law influenced Enlightenment thinkers such as John Locke, who argued that individuals have inherent rights that governments must respect.
4. In contemporary legal theory, natural law remains significant in discussions about human rights and moral legitimacy in legal systems.
5. Natural law principles often serve as a foundation for criticizing positive law when it is seen as unjust or contrary to human dignity.

Review Questions

• How does the concept of natural law relate to the ideas of justice and morality in historical political thought?
  • Natural law serves as a foundation for understanding justice and morality by asserting that certain rights and ethical standards exist independently of human-made laws. In historical political thought, this concept has provided a framework for arguing against unjust governance and highlighting the universality of human rights. Thinkers like Aristotle and Aquinas connected natural law to ethical reasoning, shaping how societies define justice and moral behavior throughout history.
• In what ways did medieval thinkers like Thomas Aquinas transform the understanding of natural law from its ancient roots?
  • Thomas Aquinas transformed the understanding of natural law by integrating it with Christian theology, arguing that natural law is part of God's divine order. He suggested that reason can uncover these universal moral principles, which guide human conduct and align with God's will. This synthesis provided a religious justification for natural law, expanding its influence into the realm of moral philosophy and legal theory during the medieval period.
• Evaluate the impact of natural law on modern concepts of human rights and how they challenge positive law frameworks.
  • Natural law significantly impacts modern human rights discourse by establishing a moral foundation that transcends positive law. This philosophy asserts that individuals possess inherent rights by virtue of being human, which cannot be legitimately violated by governments. As a result, when positive laws contravene these natural rights, they can be deemed unjust. This tension between natural law and positive law continues to fuel debates over legal legitimacy and human dignity in contemporary legal systems.

Related terms

Social Contract: A theory that explores the legitimacy of authority and government, suggesting that individuals consent, either explicitly or implicitly, to surrender some freedoms for the protection of their remaining rights.

Natural Rights: Fundamental rights believed to be granted by nature or God, including the right to life, liberty, and property, which are often seen as the basis for political authority.

Utilitarianism: A philosophical theory that advocates for actions that maximize happiness and well-being for the majority, often contrasting with natural law's focus on intrinsic rights.