Concept

Natural law

Overview

Natural law (Latin: ius naturale, lex naturalis) is a philosophical and legal theory that posits the existence of inherent laws derived from nature and universal moral principles that are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be universally understood, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism—holds that there are objective legal standards based on morality that underlie the creation, interpretation, and application of human-made laws. This contrasts with positive law (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality", depending on the context in which naturally-grounded practical principles are claimed to exist.

In the Western tradition, natural law was anticipated by the pre-Socratics, for example, in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was mentioned in ancient Roman philosophy by Cicero. References to it are also 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 to natural law theory during the Renaissance.

Although the central ideas of natural law had been part of Christian thought since the Roman Empire, its foundation as a consistent system was laid by Aquinas, who synthesized and condensed his predecessors' ideas into his Lex Naturalis (lit. 'natural law'). Aquinas argues that because human beings have reason, and because reason is a spark of the divine, all human lives are sacred and of infinite value compared to any other created object, meaning everyone is fundamentally equal and bestowed with an intrinsic basic set of rights that no one can remove.

Modern natural law theory took shape in the Age of Enlightenment, combining inspiration from Roman law, Christian scholastic philosophy, and contemporary concepts such as social contract theory. It was used in challenging the 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. John Locke was a key Enlightenment-era proponent of natural law, stressing its role in the justification of property rights and the right to revolution. In the early decades of the 21st century, the concept of natural law is closely related to the concept of natural rights and has libertarian and conservative proponents. Indeed, many philosophers, jurists and scholars use natural law synonymously with natural rights (Latin: ius naturale) or natural justice; others distinguish between natural law and natural right.

Overview adapted from Wikipedia (CC BY-SA 4.0; see the article history for authors).

In the original texts

Passages from public-domain books where Natural law is discussed.

When mythology is dying in its open forms, and when social life is so disturbed that custom and tradition fail to supply their wonted control, men resort to Nature as a norm. They apply to Nature all the eulogistic predicates previously associated with divine law; or natural law is conceived of as the only true divine law. This happened in one form in Stoicism. It happened in another form in the deism of the…
John Dewey, Human Nature and Conduct
states what it is; names the idea
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Natural law is that indicated to men by nature. You have reared a child; he owes you respect as a father, gratitude as a benefactor. You have a right to the products of the soil that you have cultivated with your own hands.
Voltaire, Toleration and other essays
states what it is; names the idea; opens on it
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You see that natural law is but an intimate feeling that, like all other feelings (thought included), belongs also to imagination. Evidently, therefore, natural law does not presuppose education, revelation, nor legislator,--provided one does not propose to confuse natural law with civil laws, in the ridiculous fashion of the theologians. The arms of fanaticism may destroy those who support these truths, but they…
Julien Offray de La Mettrie, Man a Machine
states what it is; names the idea; opens on it
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In their case, therefore, the moral law is an imperative, which commands categorically, because the law is unconditioned; the relation of such a will to this law is dependence under the name of obligation, which implies a constraint to an action, though only by reason and its objective law; and this action is called duty, because an elective will, subject to pathological affections (though not determined by them…
Immanuel Kant, The Critique of Practical Reason
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Liberty What By LIBERTY, is understood, according to the proper signification of the word, the absence of externall Impediments: which Impediments, may oft take away part of a mans power to do what hee would; but cannot hinder him from using the power left him, according as his judgement, and reason shall dictate to him. A Law Of Nature What A LAW OF NATURE, (Lex Naturalis,) is a Precept, or generall Rule, found out…
Thomas Hobbes, Leviathan
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Natural law

Overview

In the original texts

Philosophers who discussed Natural law

Related ideas

Opposing perspectives

Place in the tradition