Natural law

Definition

Natural law refers to a system of law based on inherent moral principles and universal human rights that are believed to be universally applicable, regardless of local laws or customs. It emphasizes the idea that certain rights and values are intrinsic to human nature and can be discovered through reason. This concept connects deeply to the development of political philosophy and ethics, shaping ideas about justice and governance.

5 Must Know Facts For Your Next Test

1. Cicero argued that natural law is rooted in the divine reason or rational order of the universe, influencing Roman thought and Western legal traditions.
2. The principles of natural law assert that certain rights are inalienable, meaning they cannot be surrendered or taken away by governments or individuals.
3. Natural law serves as a foundation for evaluating the justice of human-made laws, providing a benchmark for assessing their morality and legitimacy.
4. Roman philosophers such as Seneca contributed to the understanding of natural law by linking it to ethics and personal virtue, which were vital in Stoic philosophy.
5. Natural law has evolved over centuries, impacting the development of concepts like human rights, democracy, and social contract theory in political philosophy.

Review Questions

• How did Cicero’s interpretation of natural law influence later philosophical thought?
  • Cicero’s interpretation of natural law emphasized that true justice is rooted in a rational understanding of the universe and the moral order. He argued that natural law is universal and unchangeable, a notion that influenced later philosophers like Thomas Aquinas and modern human rights theorists. By connecting natural law with the idea of inherent human dignity, Cicero laid the groundwork for legal frameworks that prioritize individual rights across cultures.
• In what ways does natural law challenge or support the concept of positive law in Roman thought?
  • Natural law challenges positive law, which is based on human-made statutes, by asserting that laws must align with moral principles inherent in nature to be considered just. In Roman thought, this distinction was crucial as it prompted discussions about the legitimacy of laws that violate fundamental human rights. Natural law posits that unjust laws lack true authority, thus encouraging legal reform aimed at aligning positive laws with ethical standards derived from natural law.
• Evaluate how the concept of natural law has shaped modern political philosophy and its implications for contemporary legal systems.
  • The concept of natural law has profoundly shaped modern political philosophy by establishing a foundation for universal human rights and ethical governance. Its principles influenced Enlightenment thinkers who argued for the inalienability of certain rights, which became cornerstones for contemporary legal systems. By asserting that laws should reflect moral truths inherent in human nature, natural law continues to guide debates around justice, equality, and civil liberties in today's world, affecting everything from international law to domestic policy.

Related terms

Cicero:

A Roman statesman and philosopher whose writings on natural law significantly influenced Western legal thought, emphasizing the relationship between natural law and human reason.

Stoicism:

An ancient Greek philosophy that taught the development of self-control and fortitude as a means to overcome destructive emotions, advocating for a rational understanding of natural law.

Jus Naturale: A Latin term meaning 'natural law', which underlines the idea that human beings possess rights by nature, distinct from those granted by human legislation.