Understanding Natural Law
Let me tell you directly: natural law dictates that certain principles are morally inherent and universal, not something designed by society's norms. As a theory in ethics and philosophy, natural law says intrinsic values govern our reasoning and behavior as human beings. These rules of right and wrong are built into us, not invented by society or judges. They're not under human authority; instead, they're universally accepted. Some of these principles shape positive law, which people enact and enforce.
Key Principles of Natural Law
You need to know that natural law holds there are universal moral standards inherent in humankind across all time, and these should form the basis of a just society. We don't get taught natural law explicitly; we discover it by consistently choosing good over evil. Some think it's passed to us through a divine presence. Under this theory, everyone has the same rights, no matter their government, culture, or religion. These rights can't be denied by others or by human laws. Common ones include life, liberty, and property.
These birthrights under natural law aren't the same as human rights, which can vary and change based on politics and societal views in different countries. For instance, some places protect LGBTQ+ people legally, while others don't. Freedom of the press is a fundamental right in many nations but not in others.
Natural Law vs. Positive Law
Here's the contrast: natural law theory states our civil laws should be based on morality, ethics, and what's inherently correct. Positive law, on the other hand, is made by humans and enforced by authorities like the government or police. Simply put, natural laws are part of us as humans, while positive laws are created in society's context. Positive law might or might not reflect natural law; it's defined by statutes and common law. The U.S. government defines positive law as law enacted by an authorized legislature. Examples include speed limits, age of majority, and zoning ordinances. Ideally, governing bodies base positive laws on natural law when drafting them.
Natural Law in the U.S. Legal System
To many, natural law is the foundation of the U.S. legal system. You see it in the country's laws, systems, covenants, and how citizens live and interact. The Declaration of Independence asserts that every human has unalienable rights to life, liberty, and the pursuit of happiness, forming the frame of the U.S. legal system. But early laws were exclusionary, giving rights only to a few. It took centuries for some people to be considered legally human and even longer for them to get those unalienable rights. Over time, activists and natural law proponents pushed for changes, leading to laws like the Civil Rights Act that extend these rights to everyone.
Examples of Natural Law
Examples of natural law are everywhere, but philosophers and theologians have interpreted it differently over history. Theoretically, its precepts are constant worldwide and through time because they're based on human nature, not culture or customs. When a child says 'It's not fair,' or we feel pain watching war documentaries, that's evidence of natural law reminding us of human evil. A common example in society is that it's wrong to kill another person.
In Philosophy and Religion
Aristotle is considered the founder of natural law by many. He argued that what's just by nature isn't always the same as what's just by law, and natural justice is valid everywhere. For St. Thomas Aquinas, natural law and religion are connected; he saw it as participating in divine eternal law, with the principle to do good and avoid evil. Mahatma Gandhi warned of seven social sins like wealth without work, and their solutions come from natural law standards. Martin Luther King Jr. said we must obey natural laws over unjust positive laws, defining unjust laws as those not rooted in eternal and natural law.
In Economics
Philosophers of natural law don't always focus on economics, and economists avoid moral judgments, but the two are intertwined in economic history. Natural law extends scientific inquiry into how the world works, so economic laws can be seen as natural laws of economies. Economic analysis prescribing policy or business conduct relies on ethical assumptions from natural law. Medieval economists like Aquinas emphasized natural law in just price theories. John Locke based economics on natural rights to property through labor. Adam Smith described a system of natural liberty, with three natural laws of economics: self-interest, competition, and supply and demand.
The Bottom Line
Natural law is an ethical theory claiming humans are born with a moral compass guiding behaviors, distinguishing rights and wrongs. Under it, everyone gets the same rights like life and happiness. It shapes laws, business policies, and human rights, but unlike those, its rules don't change and apply to all inherently.
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