Natural Law

Definition

Natural law is a theory that posits the existence of a law whose content is set by nature and that has binding authority in human society. It is based on the idea that there are universal moral and ethical principles inherent in the nature of the universe that should guide human behavior and governance.

5 Must Know Facts For Your Next Test

1. Natural law theory was a key philosophical influence on the American Revolution and the formation of the United States government.
2. The idea of natural law was used to justify the colonists' rebellion against the British monarchy, as they believed the king was violating their natural rights.
3. The concept of natural law is reflected in the Declaration of Independence, which states that all people have 'unalienable Rights' to 'Life, Liberty and the pursuit of Happiness'.
4. Natural law theory emphasizes that there are universal moral and ethical principles that should guide human behavior and governance, regardless of what is written in positive law.
5. The belief in natural law influenced the Founders' decision to limit the power of the federal government and protect individual liberties through the Bill of Rights.

Review Questions

• Explain how the concept of natural law influenced the American Revolution and the formation of the United States government.
  • The idea of natural law, which posits the existence of universal moral and ethical principles inherent in the nature of the universe, was a key philosophical influence on the American Revolution. The colonists used the concept of natural law to justify their rebellion against the British monarchy, arguing that the king was violating their natural rights. This belief in natural law is reflected in the Declaration of Independence, which states that all people have 'unalienable Rights' to 'Life, Liberty and the pursuit of Happiness.' The Founders' commitment to natural law also influenced their decision to limit the power of the federal government and protect individual liberties through the Bill of Rights, as they believed these rights were fundamental and could not be taken away by the state.
• Describe the relationship between natural law and the social contract theory in the context of the American Revolution and the formation of the United States government.
  • The concept of natural law was closely tied to the social contract theory, which was another key philosophical influence on the American Revolution and the formation of the United States government. The social contract theory holds that individuals surrender certain rights to the state in exchange for the state's protection and the maintenance of social order. The colonists believed that the British monarchy had violated the social contract by infringing on their natural rights, which justified their rebellion. The Founders' commitment to natural law and the social contract theory is reflected in the Declaration of Independence and the Constitution, which aim to protect individual liberties and limit the power of the federal government.
• Analyze how the Enlightenment's emphasis on reason, individualism, and natural rights influenced the Founders' approach to governance and the protection of individual liberties in the United States.
  • The Enlightenment, an intellectual movement in the 17th and 18th centuries that emphasized the use of reason, individualism, and the belief in natural rights and liberties, was a significant influence on the Founders' approach to governance and the protection of individual liberties in the United States. The Founders' commitment to natural law and the idea of inalienable rights, as reflected in the Declaration of Independence and the Constitution, was rooted in Enlightenment principles. The Founders sought to limit the power of the federal government and protect individual freedoms, such as freedom of speech, religion, and the press, in order to safeguard the natural rights of the people. This Enlightenment-inspired approach to governance and individual liberty was a defining feature of the American political system and continues to shape the country's democratic values and institutions.

Related terms

Social Contract:

The idea that individuals surrender certain rights to the state in exchange for the state's protection and the maintenance of social order.

Inalienable Rights: Rights that are considered fundamental and cannot be taken away or surrendered, such as life, liberty, and the pursuit of happiness.

Enlightenment:

An intellectual movement in the 17th and 18th centuries that emphasized the use of reason, individualism, and the belief in natural rights and liberties.