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Chapter 3 - Natural Law

Natural law is a body of moral principles that are inherent in human nature and can be understood through human reason alone. It includes ideas like murder being wrong and punishment for murder being right. Thomas Aquinas theorized that natural law is part of God's eternal law that is knowable through human reason. It has characteristics like being a priori (not based on observation), having universal applicability, and being based on moral ideals rather than positive human law. The concepts of rule of law and due process are based on natural law philosophy.

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Elyzer Furagganan
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57 views12 pages

Chapter 3 - Natural Law

Natural law is a body of moral principles that are inherent in human nature and can be understood through human reason alone. It includes ideas like murder being wrong and punishment for murder being right. Thomas Aquinas theorized that natural law is part of God's eternal law that is knowable through human reason. It has characteristics like being a priori (not based on observation), having universal applicability, and being based on moral ideals rather than positive human law. The concepts of rule of law and due process are based on natural law philosophy.

Uploaded by

Elyzer Furagganan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NATURAL LAW

Natural Law
Natural Law is the concept of a body of moral principles that is
common to all humankind and, as generally posited, is
recognizable by human reason alone.
Natural law is a philosophical theory that states that humans
have certain rights, moral values, and responsibilities that are
inherent in human nature.
Natural law is based on the idea that natural laws are universal
concepts and are not based on any culture or customs. Still, it is a
way society acts naturally and inherently as human beings.
Natural Law
Basically natural law is a system of right or justice held to
be common to all humans and derived from nature rather
than from the rules of society, or positive law.
Example:
The first example of natural law includes the idea that it
is universally accepted and understood that killing a human
being is wrong. However, it is also universally accepted that
punishing someone for killing that person is right.
Natural Law
My own example of Natural Law:

Is it natural to be
homosexual?
• Thomas Aquinas
• The Greek Heritage
• The Essence and Varieties of Law
Thomas Aquinas
Was a philosopher and priest. He was
known for combining theology with
philosophy and putting forward theories
that combined faith with logical reasoning.
Aquinas theorized that both faith and
reasoning ultimately come from God, and
therefore are naturally meant to go hand-
in-hand.
According to Thomas Aquinas
Natural law is that part of the
eternal law of God (“The reason of
divine wisdom”) which is
knowable by human beings by
means of their powers of reason.
The Greek Heritage
• Stocism
• Dutch Jurist Hugo Grotius
- developed the 1st comprehensive theory
of international law.
• Thomas Jefferson
- “Inalienable rights”
Essence of the Law
1. An order of practical reason
2. Directed toward the common good
3. Made by someone who cares for the
community
4. Promulgated, or publicized
Varieties of Law
1. Eternal Law
2. Natural Law
3. Human Law
4. Divine Law
Main Characteristic of Natural Law

The phrases ‘natural law’ has a flexible meaning. It has been


interpreted to mean different things in course of its evolutionary
history. However, it has generally been considered as an ideal
source of law with invariant contents. The chief characteristics
features of natural law may be briefly stated as follows ;-

1. It is basically a priori method different from empirical


method, the former, accepts things or conclusions in relation to
a subject as they are without any need or enquiry or observation
while empirical or posteriori approach tries to find out the cause
and reason in relation to the subject – matter.
Main Characteristic of Natural Law
2. It symbolizes physical law of nature based on moral ideals
which has universal applicability at all places and times.

3. It has often been used either to defend a change or to maintain


status quo according to needs and requirement of the time. For
example, Locke used natural law as an instrument of change but
Hobbes used it to maintain status quo in the society.

4. The concept of ‘rule of law’ in England and India and ‘due


process’ in USA are essentially based on natural law philosophy.

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