what are natural laws

what are natural laws

1 year ago 51
Nature

Natural law is a system of law based on a close observation of human nature and values intrinsic to human nature that can be deduced and applied independently of positive law. It 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. Here are some key points about natural law:

  • Moral Theory: Natural law refers to a type of moral theory, as well as to a type of legal theory, but the core claims of the two kinds of theory are logically independent.

  • Derived from Human Nature: According to natural law moral theory, the moral standards that govern human behavior are, in some sense, objectively derived from the nature of human beings and the nature of the world.

  • Precepts of Natural Law: The natural law is comprised of those precepts of the eternal law that govern the behavior of beings possessing reason and free will. The first precept of the natural law, according to Aquinas, is the somewhat vacuous imperative to do good and avoid evil.

  • Superior to Positive Law: The idea that a norm that does not conform to the natural law cannot be legally valid is the defining thesis of conceptual naturalism. This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times.

  • Foundation for Legal Traditions: As a legal philosophy, natural law forms the basis and foundations for legal traditions. As a term of politics and jurisprudence, natural law is a body of rules prescribed by an authority superior to that of the state. It is intended to protect individual rights from infringement by other individuals, nation-states, or political orders.

Natural law is a complex and varied concept that has been debated by philosophers and legal scholars for centuries. It is a system of law that is based on human nature and values intrinsic to human nature, and it is considered to be superior to positive law.

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