Natural law
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| - | '''Natural law''' or the '''law of nature''' (lex naturalis) is a theory that posits the existence of a law whose content is set by [[nature]] and that therefore has validity everywhere. The phrase ''natural law'' is opposed to the [[positive law]] (which is man-made) of a given political community, [[society]], or [[nation-state]], and thus can function as a standard by which to criticize that law. In natural law [[jurisprudence]], on the other hand, the content of positive law cannot be known without some reference to the natural law (or something like it). Used in this way, natural law can be invoked to criticize decisions about the statutes, but less so to criticize the law itself. Some use natural law synonymously with [[natural justice]] or natural right ([[Latin]] ''ius naturale''), although most contemporary political and legal theorists separate the two. | + | '''Natural law''' (ius naturale, ''lex naturalis'') is law as seen as being independent of, and pre-existent to, the [[positive law]] of any given political order, society or nation-state. Such genesis is seen as determined by nature (whether that reflects creation, evolution, or random chance), and a notional '''law of nature''' treated as objective fact that is universally applicable; that is, it exists and is recognizable, without any dependence on human understanding, or on the [[positive law]] of any given [[Sovereign state|state]], [[political order]], or [[legislature]] — and even of [[society]] at large. |
| - | Natural law theories have exercised a profound influence on the development of [[English law|English]] [[common law]], and have featured greatly in the [[Philosophy|philosophies]] of [[Thomas Aquinas]], [[Francisco Suárez]], [[Richard Hooker]], [[Thomas Hobbes]], [[Hugo Grotius]], [[Samuel von Pufendorf]], [[John Locke]] and [[Emmerich de Vattel]]. Because of the intersection between natural law and [[natural right]]s, it has been cited as a component in [[United States Declaration of Independence]] and the [[Constitution of the United States]]. The essence of [[Declarationism]] is that the founding of the United States is based on Natural law. | + | Historically, natural law refers to the use of reason to analyze [[human nature]] in [[Deductive reasoning|deducing]] binding rules of [[moral behavior]], via (dominant or insurgent) accounts of observed and/or posited aspects of [[reality]] and of “the [[human condition]]“. |
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| + | The concept of natural law was documented in [[ancient Greek philosophy]], including [[Aristotle]], and was referred to in [[Roman philosophy]] by [[Cicero]]. References to it are also to be found in the Old and New Testaments of the [[Bible]], and were later expounded upon in the [[Middle Ages]] by [[Christian philosopher]]s such as [[Albert the Great]] and [[Thomas Aquinas]]. The [[School of Salamanca]] made notable contributions during the [[Renaissance]]. | ||
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| + | Modern natural law theories were greatly developed in the [[Age of Enlightenment]], combining inspiration from [[Roman law]] with philosophies like [[social contract]] theory. It was used in challenging theory of the [[divine right of kings]], and became an alternative justification for the establishment of a [[social contract]], [[positive law]], and [[government]]—and thus legal rights—in the form of [[classical republicanism]]. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.{{citation needed|date=July 2019}} | ||
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| + | In the early decades of the 21st century, the concept of natural law is closely related to the concept of [[Natural and legal rights|natural rights]]. Indeed, many [[philosopher]]s, [[jurist]]s and scholars use natural law synonymously with natural rights ({{lang-la|[[ius naturale]]}}), or [[natural justice]], | ||
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| + | Because of the intersection between natural law and natural rights, natural law has been claimed or attributed as a key component in the ''[[United States Declaration of Independence|Declaration of Independence]]'' (1776) of the [[United States]], the ''[[Declaration of the Rights of Man and of the Citizen]]'' (1789) of [[France]], the ''[[Universal Declaration of Human Rights]]'' (1948) of the [[United Nations General Assembly|United Nations]], as well as the ''[[European Convention on Human Rights]]'' (1953) of the [[Council of Europe]]. | ||
| ==See also== | ==See also== | ||
| - | <div style="column-count:3;-moz-column-count:3;-webkit-column-count:3"> | + | * [[Antigone]] |
| - | *[[Aristotle]] | + | * [[Hadley Arkes]] |
| - | *[[Thomas Aquinas]] | + | * [[By-law]] |
| - | *[[Jean Barbeyrac]] | + | * [[Jean Barbeyrac]] |
| - | *[[Richard Cumberland (philosopher)|Richard Cumberland]] | + | * [[J. Budziszewski]] |
| - | *[[Declarationism]] | + | * [[Classical liberalism]] |
| - | *[[John Finnis]] | + | * [[Francisco Elías de Tejada y Spínola]] |
| - | *[[Hugo Grotius]] | + | * [[Henry George]] |
| - | *[[Thomas Hobbes]] | + | * [[Enrique Gil Robles]] |
| - | *[[John Locke]] | + | * [[International legal theories]] |
| - | *[[Samuel von Pufendorf]] | + | * [[Land value tax]] |
| - | *[[Legal positivism]] | + | * [[Law of the jungle]] |
| - | *[[Lysander Spooner]] | + | * [[Liberalism]] |
| - | *[[Natural justice]] | + | * [[Libertarianism]] |
| - | *[[Natural order (philosophy)|Natural order]] | + | * [[Moral realism]] |
| - | *[[Natural rights]] | + | * [[Natural order (philosophy)|Natural order]] |
| - | *[[Naturalistic fallacy]] | + | * [[Naturalistic fallacy]] |
| - | *[[Moral realism]] | + | * [[Neo-scholasticism]] |
| - | *[[International legal theory]] | + | * [[Non-aggression principle]] |
| - | *[[Orders of creation]] | + | * [[Norm of reciprocity]] |
| - | *[[School of Salamanca]] | + | * [[Objectivism (Ayn Rand)|Objectivism (philosophy)]] |
| - | *[[Spontaneous order]] | + | * [[Orders of creation]] |
| - | *[[Stoicism]] | + | * [[Philosophy of law]] |
| - | *[[Substantive due process]] | + | * [[Purposive approach]] |
| - | *[[Unenumerated rights]] | + | * [[Rule of law]] |
| + | * [[Rule according to higher law]] | ||
| + | * [[Spontaneous order]] | ||
| + | * [[Substantive due process]] | ||
| + | * [[Tit for tat]] | ||
| + | * [[Unenumerated rights]] | ||
| + | * [[Universality (philosophy)]] | ||
| + | * [[Emerich de Vattel]] | ||
| + | * [[Xeer]] | ||
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Revision as of 18:20, 8 July 2020
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Natural law (ius naturale, lex naturalis) is law as seen as being independent of, and pre-existent to, the positive law of any given political order, society or nation-state. Such genesis is seen as determined by nature (whether that reflects creation, evolution, or random chance), and a notional law of nature treated as objective fact that is universally applicable; that is, it exists and is recognizable, without any dependence on human understanding, or on the positive law of any given state, political order, or legislature — and even of society at large.
Historically, natural law refers to the use of reason to analyze human nature in deducing binding rules of moral behavior, via (dominant or insurgent) accounts of observed and/or posited aspects of reality and of “the human condition“.
The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expounded upon in the Middle Ages by Christian philosophers such as Albert the Great and Thomas Aquinas. The School of Salamanca made notable contributions during the Renaissance.
Modern natural law theories were greatly developed in the Age of Enlightenment, combining inspiration from Roman law with philosophies like social contract theory. It was used in challenging theory of the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government—and thus legal rights—in the form of classical republicanism. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.Template:Citation needed
In the early decades of the 21st century, the concept of natural law is closely related to the concept of natural rights. Indeed, many philosophers, jurists and scholars use natural law synonymously with natural rights (Template:Lang-la), or natural justice,
Because of the intersection between natural law and natural rights, natural law has been claimed or attributed as a key component in the Declaration of Independence (1776) of the United States, the Declaration of the Rights of Man and of the Citizen (1789) of France, the Universal Declaration of Human Rights (1948) of the United Nations, as well as the European Convention on Human Rights (1953) of the Council of Europe.
See also
- Antigone
- Hadley Arkes
- By-law
- Jean Barbeyrac
- J. Budziszewski
- Classical liberalism
- Francisco Elías de Tejada y Spínola
- Henry George
- Enrique Gil Robles
- International legal theories
- Land value tax
- Law of the jungle
- Liberalism
- Libertarianism
- Moral realism
- Natural order
- Naturalistic fallacy
- Neo-scholasticism
- Non-aggression principle
- Norm of reciprocity
- Objectivism (philosophy)
- Orders of creation
- Philosophy of law
- Purposive approach
- Rule of law
- Rule according to higher law
- Spontaneous order
- Substantive due process
- Tit for tat
- Unenumerated rights
- Universality (philosophy)
- Emerich de Vattel
- Xeer
