Natural law

Natural law is a philosophical and legal idea that says there are laws found in nature and universal moral rules that we can discover using our reason. It suggests that some rights and values are natural to all humans and can be understood by everyone, no matter what laws a society makes. This is different from laws created by governments, which may not always match up with these moral principles.

The idea of natural law goes back a long way. It was talked about by ancient Greek thinkers like Aristotle and Roman philosophers such as Cicero. It also appears in the Bible and was developed further by Christian thinkers in the Middle Ages, especially Thomas Aquinas. Aquinas believed that because humans can think and reason, every person's life is valuable and everyone has basic rights that cannot be taken away.

In more recent times, natural law became important during the Age of Enlightenment. It helped challenge the idea that kings ruled by divine right and supported the development of governments based on agreements among people. John Locke, an important thinker from this time, used natural law to support ideas like property rights and the right to change a government that isn't fair. Today, natural law is often linked with the idea of natural rights and is supported by people with different political views.

History

Ancient Greece

Plato

Plato did not have a clear theory about natural law, but his ideas about the world around us contain parts that match natural law theories. Plato believed we live in an organized universe. This order comes from "forms," with the most important one being the "Form of the Good." Seeing this form helps a person make wise choices. In his writings, Plato talked about how good and beautiful things helped people resist tempting but harmful actions.

Aristotle

Aristotle is often called the start of natural law. He talked about the difference between what humans create as law and what comes from nature. He believed that natural justice or right exists everywhere, unlike human laws that can change. Some think Aristotle’s work on natural law was explained later by Thomas Aquinas, though this is debated. Aristotle suggested there is a common law based on nature that applies to everyone, even those who don’t know each other.

Ancient Rome

The Roman writer Livy talked about natural law in his history of Rome. He had a character say that some rights come from nature and exist between all people. The famous Roman writer Cicero wrote that justice and law come from what nature gives us and what our minds understand. He believed that true laws should encourage good behavior and discourage bad actions. Cicero thought that following natural law brings happiness and peace.

Christianity

The Christian idea of natural law comes from the letters of Paul. Early Christian thinkers like Augustine of Hippo talked about how natural law shows what is right and wrong. They believed that humans can understand good and evil through their minds and feelings. Augustine also discussed when people should follow or question human laws that seem unfair.

Islamic natural law

Islamic thinkers like al-Bīrūnī and others talked about natural law in different ways. Some believed that humans can understand right and wrong through reason, while others emphasized the importance of following divine guidance from prophets. The idea of istislah in Islamic law is similar to natural law in that it looks for the greater good in applying rules.

Brehon law

Early Irish law, called Brehon law, included ideas of natural law. It talked about truth and right in laws, and many of its rules have lasted over time. The laws were very old and written in a hard-to-understand Irish language, but they were used to decide fair judgments.

English jurisprudence

In England, thinkers like Bracton and Fortescue talked about natural law and how it influences real laws. They believed that true justice comes from following what is right by nature. Sir Edward Coke, a famous English judge, also supported the idea that natural law is part of English law and cannot be changed by human decisions alone.

Hobbes

Thomas Hobbes had a different view. He believed that in a world without government, people would fight for survival. He thought natural law could only work if people agreed to follow a leader’s rules. Hobbes listed several natural laws that help people live together peacefully, like seeking peace, keeping promises, and treating others fairly.

Cumberland's rebuttal of Hobbes

Richard Cumberland argued against Hobbes, saying that true natural law comes from caring for others. He believed that working together and helping each other leads to happiness for everyone.

American jurisprudence

In America, leaders like Thomas Jefferson talked about natural rights to life, liberty, and happiness. They believed that governments should protect these rights and that people can change a government that does not. Early American lawyers used ideas from natural law to support their legal arguments and decisions.

European liberal natural law

Later European thinkers like Hugo Grotius and John Locke built on natural law ideas. They talked about how natural law supports freedom and fair treatment. Locke, for example, said that governments must protect people’s natural rights and get the agreement of those they govern.

Contemporary jurisprudence

In jurisprudence, natural law means that fair rules are found in nature. These rules can be discovered, not made by things like a bill of rights. They can also come from solving problems, like how common law grows over time. The idea is that laws should match moral principles.

Natural law is different from legal positivism, which says a law is still a law even if it seems unfair. Natural law thinks an unfair rule is not a good law. This idea was important in England's history when Parliament and the monarch disagreed. Some believed natural law limited the monarch's power.

Today, many writers talk about natural law. They include Ronald Dworkin and John Finnis. Some, like Germain Grisez and Robert P. George, focus on important human goods like life and knowledge. These ideas help shape international law. U.S. Supreme Court justices like Clarence Thomas and Neil Gorsuch support natural law.

Methodology

People who support natural law use different ways to explain their ideas. One way is to use logical thinking to understand what is right and wrong. They study what makes humans special and what rules should guide our actions.

Another way is to look at nature and how people behave to find moral ideas. Some thinkers, like Aristotle and Aquinas, believe we can learn good things to pursue by studying humans and nature.

Some also study old legal systems and different cultures to find common moral ideas that have lasted a long time. Thinkers like Montesquieu have done this, looking for shared values across history.

Others focus on important goals and values to find natural law principles. For example, John Finnis talks about seven basic goods, like life and knowledge, that he thinks are clearly good.

Finally, many thinkers talk and debate with others to share ideas and improve their theories. Different authors, like Lon Fuller, have their own views on how to understand natural law.

Criticism

Some people in the past misunderstood the idea of natural law and used it to support unfair treatments, like slavery. They thought natural law allowed such actions, which was wrong. The idea of natural law has also been used to criticize different ways people live their lives, such as how they express their love.