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Encyclopedia > Natural law

Natural law or the law of nature (Latin: lex naturalis) is an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere.[1] The phrase natural law is sometimes opposed to the positive law of a given political community, society, or nation-state, and can thus function as a standard by which to criticize that law. In natural law jurisprudence, on the other hand, the content of positive law cannot be known without some reference to the natural law (or something like it); natural law, used in this sense, can be evoked to criticize decisions about the statutes, but less so to criticize the law itself. Natural law can be used synonymously with natural justice or natural right (Latin ius naturale), although most contemporary political and legal theorists separate the two. Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... Ethics (via Latin from the Ancient Greek moral philosophy, from the adjective of ēthos custom, habit), a major branch of philosophy, is the study of values and customs of a person or group. ... “Natural” redirects here. ... Positive law is a legal term having more than one meaning. ... Young people interacting within an ethnically diverse society. ... The term nation-state, while often used interchangeably with the terms unitary state and independent state, refers properly to the parallel occurence of a state and a nation. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ...


Natural law theories have exercised a profound influence on the development of English common law,[2] and have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and John Locke. Because of the intersection between natural law and natural rights, it has been cited as a component in United States Declaration of Independence. Motto (French) God and my right Anthem No official anthem - the United Kingdom anthem God Save the Queen is commonly used England() – on the European continent() – in the United Kingdom() Capital (and largest city) London (de facto) Official languages English (de facto)1 Unified  -  by Athelstan 927 AD  Area  -  Total... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The philosopher Socrates about to take poison hemlock as ordered by the court. ... Saint Thomas Aquinas (also Thomas of Aquin, or Aquino; c. ... Francisco Suárez (1548–1617) was a Spanish philosopher and theologian, generally regarded as having been the greatest scholastic after Thomas Aquinas. ... This article is about the Anglican theologian. ... “Hobbes” redirects here. ... Hugo Grotius (Huig de Groot, or Hugo de Groot; Delft, 10 April 1583 – Rostock, 28 August 1645) worked as a jurist in the Dutch Republic and laid the foundations for international law, based on natural law. ... Baron Samuel von Pufendorf (January 8, 1632 - October 13, 1694), was a German jurist. ... This article is about John Locke, the English philosopher. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... The United States Declaration of Independence was an act of the Second Continental Congress, adopted on July 4, 1776, which declared that the Thirteen Colonies were independent of the Kingdom of Great Britain. ...

Contents

History

The use of natural law, in its various incarnations, has varied widely through its history. There are a number of different theories of natural law, differing from each other with respect to the role that morality plays in determining the authority of legal norms. This article will deal with its usages separately rather than attempt to unify them into a single theory.


Aristotle

== Greek philosophy emphasized the distinction between "nature" == Greek philosophy focused on the role of reason and inquiry. ...

 [[Media:--124.106.219.152 11:41, 5 August 2007 (UTC)Example.ogg]](physis, φúσις) on the one hand and "law", "custom", or "convention" (nomos, νóμος) on the other. What the law commanded varied from place to place, but what was "by nature" should be the same everywhere. A "law of nature" would therefore have had the flavor more of a paradox than something which obviously existed.[3] Against the conventionalism that the distinction between nature and custom could engender, Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (dikaion physikon, δικαιον φυσικον, Latin ius naturale). Of these, Aristotle is often said to be the father of natural law.[4] 

Aristotle's association with natural law is due largely to the interpretation given to his works by Thomas Aquinas.[5] This was based on Aquinas's conflation of natural law and natural right, the latter of which Aristotle posits in Book V of the Nicomachean Ethics (= Book IV of the Eudemian Ethics). Aquinas's influence was such as to affect a number of early translations of these passages,[6] though more recent translations render them more literally.[7] Aristotle notes that natural justice is a species of political justice, viz. the scheme of distributive and corrective justice that would be established under the best political community;[8] were this to take the form of law, this could be called a natural law, though Aristotle does not discuss this and suggests in the Politics that the best regime may not rule by law at all.[9] Belief that judgments of a specific sort are grounded only on (explicit or implicit) agreements in human society, rather than by reference to external reality. ... This page is about the ancient Greek philosopher. ... PLATO was one of the first generalized Computer assisted instruction systems, originally built by the University of Illinois (U of I) and later taken over by Control Data Corporation (CDC), who provided the machines it ran on. ... Aristotle (Greek: Aristotélēs) (384 BC – 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... Saint Thomas Aquinas (also Thomas of Aquin, or Aquino; c. ... Nicomachean Ethics (sometimes spelled Nichomachean), or Ta Ethika, is a work by Aristotle on virtue and moral character which plays a prominent role in defining Aristotelian ethics. ... Eudemian ethics focuses ethics based on enjoyment of happiness as the ultimate End. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... Distributive justice - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Restorative justice is a theory of criminal justice that focuses on crime as an act against another individual or community rather than the state. ... Aristotles Politics (Greek Πολιτικά) is a work of political philosophy. ...


The best evidence of Aristotle's having thought there was a natural law comes from the Rhetoric, where Aristotle notes that, aside from the "particular" laws that each people has set up for itself, there is a "common" law that is according to nature.[10] The context of this remark, however, suggests only that Aristotle advised that it could be rhetorically advantageous to appeal to such a law, especially when the "particular" law of one's own city was averse to the case being made, not that there actually was such a law;[11] Aristotle, moreover, considered two of the three candidates for a universally valid, natural law provided in this passage to be wrong.[12] Aristotle's theoretical paternity of the natural law tradition is consequently disputed. Aristotles Rhetoric (or Ars Rhetorica, or The Art of Rhetoric or Treatise on Rhetoric) places the discipline of public speaking in the context of all other intellectual pursuits at the time. ...


Stoic natural law

The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics. Whereas the "higher" law to which Aristotle suggested one could appeal was emphatically natural, in contradistinction to being the result of divine positive legislation, the Stoic natural law was indifferent to the divine or natural source of the law: the Stoics asserted the existence of a rational and purposeful order to the universe (a divine or eternal law), and the means by which a rational being lived in accordance with this order was the natural law, which spelled out action that accorded with virtue.[13] These theories became highly influential among Roman jurists, and consequently played a great role in subsequent legal theory. Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... A restored Stoa in Athens. ... “Natural” redirects here. ... For other uses, see Divinity (disambiguation) and Divine (disambiguation). ... Positive law is a legal term having more than one meaning. ... Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ... Divine law is any law (or rule) that comes directly from the will of God (or a god), such as from the Bible in Christianity or in Islam the Quran from Allah himself, etcetera. ... Ancient Rome was a civilization that grew from a small agricultural community founded on the Italian Peninsula circa the 9th century BC to a massive empire straddling the Mediterranean Sea. ... This article is about law in society. ...


Christian natural law

Despite pagan associations with natural law theory, a number (though not all) of the early Church Fathers sought to incorporate it into Christianity (the suspect devotion of the Stoics to pagan worship no doubt aided in this adoption). This was true in the West more so than in the East. The most notable among these was Augustine of Hippo, who equated natural law with man's prelapsarian state; as such, a life according to nature was no longer possible and men needed instead to seek salvation through the divine law and grace. In the Twelfth Century, Gratian reversed this, equating the natural and divine laws. Thomas Aquinas restored Natural Law to its independent state, asserting that, as the perfection of human reason, it could approach but not fully comprehend the Eternal law and needed to be supplemented by Divine law. Look up pagan, heathen in Wiktionary, the free dictionary. ... The Church Fathers or Fathers of the Church are the early and influential theologians and writers in the Christian Church, particularly those of the first five centuries of Christian history. ... Christianity percentage by country, purple is highest, orange is lowest Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Archbishop of Canterbury Patriarch... “Augustinus” redirects here. ... The term prelapsarian refers to the percieved state of grace prior to the lapse, or fall, in the Bible when Eve gave Adam a bite of the apple. ... Divine law is any law (or rule) that comes directly from the will of God (or a god), such as from the Bible in Christianity or in Islam the Quran from Allah himself, etcetera. ... Franciscus Gratianus, or Johannes Gratianus, known most often simply as Gratian, was a 12th century canon lawyer from Bologna. ... Saint Thomas Aquinas (also Thomas of Aquin, or Aquino; c. ... Divine law is any law (or rule) that comes directly from the will of God (or a god), such as from the Bible in Christianity or in Islam the Quran from Allah himself, etcetera. ...


Thomism suggests a process of actualization, whereby all human beings have a purpose to fulfill in their being which is determined by their desires. This ultimate desire for happiness is the ultimate motivator in all human beings and remains quite undeniable. Thomas Aquinas' philosophy has been enjoyed by modern Philosopher's such as G.K. Chesterton, who battled quite well against the Absolute skeptic David Hume. Aquinas' philosophy is generally termed as common-sense, insofar as it doesn't doubt one's own existence, but rather develops actual concrete answers and morality in a clear and decisive way.


All human laws were to be judged by their conformity to the natural law. An unjust law was in a sense no law at all. At this point, the natural law was not only used to pass judgment on the moral worth of various laws, but also to determine what the law said in the first place. This could result in some tension.[14]


The natural law was inherently teleological in that it aimed at goodness. Its content was therefore determined by a conception of what things constituted happiness, be they temporal satisfaction or salvation . The state, in being bound by the natural law, was conceived as an institution directed at bringing its subjects to true happiness. In the 16th century, the School of Salamanca (Francisco Suárez, Francisco de Vitoria, etc.) further developed a philosophy of natural law. After the Church of England broke from Rome, the English theologian Richard Hooker adapted Thomistic notions of natural law to Anglicanism. Teleology (telos: end, purpose) is the philosophical study of design, purpose, directive principle, or finality in nature or human creations. ... A state is a political association with effective dominion over a geographic area. ... (15th century - 16th century - 17th century - more centuries) As a means of recording the passage of time, the 16th century was that century which lasted from 1501 to 1600. ... The School of Salamanca is the renaissance of thought in diverse intellectual areas by Spanish theologians, rooted in the intellectual and pedagogical work of Francisco de Vitoria. ... Francisco Suárez (1548–1617) was a Spanish philosopher and theologian, generally regarded as having been the greatest scholastic after Thomas Aquinas. ... Francisco de Vitoria (1492-1546) was a Renaissance theologian, founder of the tradition in philosophy known as the School of Salamanca, noted especially for his contributions to the theory of Just War. ... The Church of England logo since 1998 The Church of England is the officially established Christian church[1] in England, and acts as the mother and senior branch of the worldwide Anglican Communion, as well as a founding member of the Porvoo Communion. ... King Henry VIII of England The English Reformation refers to the series of events in sixteenth century England by which the church in England broke away from the authority of the Pope and consequently the entire Catholic church; it formed part of the wider Protestant Reformation, a religious and political... Motto (French) God and my right Anthem No official anthem - the United Kingdom anthem God Save the Queen is commonly used England() – on the European continent() – in the United Kingdom() Capital (and largest city) London (de facto) Official languages English (de facto)1 Unified  -  by Athelstan 927 AD  Area  -  Total... Theology finds its scholars pursuing the understanding of and providing reasoned discourse of religion, spirituality and God or the gods. ... This article is about the Anglican theologian. ... Thomism is the philosophical school that followed in the legacy of Thomas Aquinas. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Anglicanism is the term used to encapsulate...


Hobbes' natural law

By the Seventeenth Century, the Medieval teleological view came under intense criticism from some quarters. Thomas Hobbes instead founded a contractualist theory of legal positivism on what all men could agree upon: what they sought (happiness) was subject to contention, but a broad consensus could form around what they feared (violent death at the hands of another). The natural law was how a rational human being, seeking to survive and prosper, would act. It was discovered by considering humankind's natural rights, whereas previously it could be said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit to the commands of the sovereign. Because the ultimate source of law now comes from the sovereign, and the sovereign's decisions need not be grounded in morality, legal positivism is born. Jeremy Bentham's modifications on legal positivism further developed the theory. The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times. ... Teleology (telos: end, purpose) is the philosophical study of design, purpose, directive principle, or finality in nature or human creations. ... “Hobbes” redirects here. ... John Lockes writings on the Social Contract were particularly influential among the American Founding Fathers. ... Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... Natural rights are universal rights that are seen as inherent in the nature of people and not contingent on human actions or beliefs. ... Jeremy Bentham (IPA: or ) (February 15, 1748 O.S. (February 26, 1748 N.S.) – June 6, 1832) was an English jurist, philosopher, and legal and social reformer. ... Legal positivism is a school of thought in jurisprudence and the philosophy of law. ...


As used by Thomas Hobbes in his treatises Leviathan and De Cive, natural law is a precept, or general rule, found out by reason, by which a man is forbidden to do that which is destructive of his life, or takes away the means of preserving the same; and to omit that by which he thinks it may best be preserved. “Hobbes” redirects here. ... Frontispiece of Leviathan, etching by Abraham Bosse, with input from Hobbes For other uses, see Leviathan (disambiguation). ... De Cive (‘On the citizen’) is one of Hobbes’s major works. ... A Precept (from the Latin præcipere, to teach) is a commandment, instruction, or order intended as an authoritative rule of action. ... For other uses, see Reason (disambiguation). ...


There are nine Laws. The first two are expounded in chapter XIV ("of the first and second natural laws; and of contracts"); the others in chapter XV ("of other laws of nature").

  • His first Law of nature is that every man ought to endeavour peace, as far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use all helps and advantages of war.
  • The second Law of nature is that a man be willing, when others are so too, as far forth, as for peace, and defence of himself he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himself.
  • The third Law is that men perform their covenants made. In this law of nature consisteth the fountain and original of justice... when a covenant is made, then to break it is unjust and the definition of injustice is no other than the not performance of covenant. And whatsoever is not unjust is just.
  • The fourth Law is that a man which receiveth benefit from another of mere grace, endeavour that he which giveth it, have no reasonable cause to repent him of his good will. Breach of this law is called ingratitude.
  • The fifth Law is complaisance: that every man strive to accommodate himself to the rest. The observers of this law may be called sociable; the contrary, stubborn, insociable, forward, intractable.
  • The sixth Law is that upon caution of the future time, a man ought to pardon the offences past of them that repenting, desire it.
  • The seventh Law is that in revenges, men look not at the greatness of the evil past, but the greatness of the good to follow.
  • The eighth Law is that no man by deed, word, countenance, or gesture, declare hatred or contempt of another. The breach of which law is commonly called contumely.
  • The ninth Law is that every man acknowledge another for his equal by nature. The breach of this precept is pride.

Liberal natural law

Liberal natural law grew out of the medieval Christian natural law theories and out of Hobbes' revision of natural law, sometimes in an uneasy balance of the two. The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... “Hobbes” redirects here. ...


Hugo Grotius based his philosophy of international law on natural law. In particular, his writings on freedom of the seas and just war theory directly appealed to natural law. About natural law itself, he wrote that "even the will of an omnipotent being cannot change or abrogate" natural law, which "would maintain its objective validity even if we should assume the impossible, that there is no God or that he does not care for human affairs." (De iure belli ac pacis, Prolegomeni XI). This is the famous argument etiamsi daremus (non esse Deum), that made natural law no longer dependent on theology. Hugo Grotius (Huig de Groot, or Hugo de Groot; Delft, 10 April 1583 – Rostock, 28 August 1645) worked as a jurist in the Dutch Republic and laid the foundations for international law, based on natural law. ... Freedom of the Seas is a Royal Caribbean cruise ship. ... Just War theory is the attempt to distinguish between justifiable and unjustifiable uses of organized armed forces. ... Omnipotence (literally, all power) is the power to do absolutely anything. ... This article discusses the term God in the context of monotheism and henotheism. ...


John Locke incorporated natural law into many of his theories and philosophy, especially in Two Treatises of Government. There is considerable debate about whether his conception of natural law was more akin to that of Aquinas (filtered through Richard Hooker) or Hobbes' radical reinterpretation, though the effect of Locke's understanding is usually phrased in terms of a revision of Hobbes upon Hobbesean constractualist grounds. Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one. This article is about John Locke, the English philosopher. ... The Two Treatises of Government (or Two Treatises of Government: In the Former, The False Principles and Foundation of Sir Robert Filmer, And His Followers, are Detected and Overthrown. ... Saint Thomas Aquinas (also Thomas of Aquin, or Aquino; c. ... This article is about the Anglican theologian. ... “Hobbes” redirects here. ... John Lockes writings on the Social Contract were particularly influential among the American Founding Fathers. ...


While Locke spoke in the language of natural law, the content of this law was by and large protective of natural rights, and it was this language that later liberal thinkers preferred. Thomas Jefferson, echoing Locke, appealed to unalienable rights in the Declaration of Independence, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Natural rights are universal rights that are seen as inherent in the nature of people and not contingent on human actions or beliefs. ... Thomas Jefferson (13 April 1743 N.S.–4 July 1826) was the third President of the United States (1801–09), the principal author of the Declaration of Independence (1776), and one of the most influential Founding Fathers for his promotion of the ideals of Republicanism in the United States. ... The term inalienable rights (or unalienable rights) refers to a set of human rights that are in some sense fundamental, are not awarded by human power, and cannot be surrendered. ... The United States Declaration of Independence was an act of the Second Continental Congress, adopted on July 4, 1776, which declared that the Thirteen Colonies were independent of the Kingdom of Great Britain. ...


The Belgian philosopher of law Frank van Dun is one among those who are elaborating a secular conception[1] of natural law in the liberal tradition.


Contemporary Catholic Understanding

The Roman Catholic Church continues to hold the view of natural law set forth by Thomas Aquinas, particularly in his Summa Theologica, and often as filtered through the School of Salamanca. This view is also shared by some Protestant churches.[citation needed] Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Luther Calvin · Wesley Arius · Marcion of Sinope Pope · Archbishop of Canterbury Patriarch of Constantinople Christianity Portal This box:      The Roman Catholic Church or Catholic... Saint Thomas Aquinas (also Thomas of Aquin, or Aquino; c. ... The Summa Theologica (also widely known as the Summa Theologiae) is the most famous work of St. ... The School of Salamanca is the renaissance of thought in diverse intellectual areas by Spanish theologians, rooted in the intellectual and pedagogical work of Francisco de Vitoria. ... Protestantism is a general grouping of denominations within Christianity. ...


They understand human beings to consist of body and mind, the physical and the non-physical (or soul perhaps), and that the two are inextricably linked. Humans are capable of discerning the difference between good and evil because they have a conscience. There are many manifestations of the good that we can pursue. Some, like procreation, are common to other animals, while others, like the pursuit of truth, are inclinations peculiar to the capacities of human beings. The soul, according to many religious and philosophical traditions, is the self-aware essence unique to a particular living being. ... Look up good in Wiktionary, the free dictionary. ... In religion evil refers to anything against the will or law of the god(s). ... François Chifflart (1825-1901), La Conscience (daprès Victor Hugo) Conscience is an ability or faculty or sense that leads to feelings of remorse when we do things that go against our moral values, or which informs our moral judgment before performing such an action. ... Reproduction is the creation of one thing as a copy of, product of, or replacement for a similar thing, e. ...


To know what is right, one must use one's reason and apply it to Aquinas' precepts. The most important is the primary precept, self preservation. There are also four subsidiary precepts: procreation, education of children, living in society, and worshipping God (veneration). In addition to these, there are secondary precepts, which Aquinas did not specify like the other five. Therefore, for a deontological ethical theory they are open to a surprisingly large amount of interpretation and flexibility. Any rule that helps man to live up to the primary or subsidiary precepts can be a secondary precept, for example:

  • Drunkenness is wrong because it injures one's health, and worse, destroys one's ability to reason, which is fundamental to man as a rational animal (i.e. does not support self preservation).
  • Theft is wrong because it destroys social relations, and man is by nature a social animal (i.e. does not support the subsidiary precept of living in society).

Natural moral law is concerned with both exterior and interior acts, also know as action and motive. Simply doing the right thing is not enough; to be truly moral one's motive must be right as well. For example, helping an old lady across the road (good exterior act) to impress someone (bad interior act) is wrong. However, good intentions don’t always lead to good actions. The motive must coincide with Aquinas's cardinal or theological virtues. Cardinal virtues are acquired through reason applied to nature; they are:

  1. Prudence
  2. Justice
  3. Temperance
  4. Fortitude

His theological virtues are: Prudence, by Luca Giordano Allegory of Prudence, by Simon Vouet Look up Prudence, prudence in Wiktionary, the free dictionary. ... J.L. Urban, statue of Lady Justice at court building in Olomouc, Czech Republic Justice concerns the proper ordering of things and persons within a society. ... Temperance may refer to: Temperance (virtue) Temperance movement Temperance (Tarot card) Temperance (band) See also Astrud Gilberto, for the album Temperance This is a disambiguation page — a navigational aid which lists pages that might otherwise share the same title. ... Four Cardinal Virtues of the Catholic Church doing bad to. ... The three Theological Virtues listed in the Bible are: Faith (πίστις) Hope (ἐλπίς) Love (or alternatively: Charity) (ἀγάπη) They occur in the Bible at 1 Corinthians 13:13: And now abideth faith, hope, and love, even these three: but the chiefest of these is love. (Geneva Bible, 1560). ...

  1. Faith
  2. Hope
  3. Charity

According to Aquinas, to lack any of these virtues is to lack the ability to make a moral choice. For example, consider a man who possesses the virtues of justice, prudence, and fortitude, yet lacks temperance. Due to his lack of self control and desire for pleasure, despite his good intentions, he will find himself swaying from the moral path. Faith in Christianity centers on faith in the Resurrection of Christ (1 Corinthians 15:1-4) ... the gospel I preached to you. ... Allegorical personification of Hope: Hope in a Prison of Despair by Evelyn de Morgan Hope is one of the three theological virtues in Christian tradition. ... Allegorical personification of Charity as a mother with three infants by Anthony van Dyck // The word charity entered the English language through the O.Fr word charite which was derived from the Latin caritas.[1] In Christian theology charity, or love (agapē), is the greatest of the three theological virtues...


In contemporary jurisprudence

In jurisprudence, natural law can refer to the several doctrines: Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. ...

  • That just laws are immanent in nature; that is, they can be "discovered" or "found" but not "created" by such things as a bill of rights;
  • That they can emerge by the natural process of resolving conflicts, as embodied by the evolutionary process of the common law; or
  • That the meaning of law is such that its content cannot be determined except by reference to moral principles. These meanings can either oppose or complement each other, although they share the common trait that they rely on inherence as opposed to design in finding just laws.

Whereas legal positivism would say that a law can be unjust without it being any less a law, a natural law jurisprudence would say that there is something legally deficient about an unjust law. Legal interpretivism, famously defended in the English speaking world by Ronald Dworkin, claims to have a position different from both natural law and positivism. J.L. Urban, statue of Lady Justice at court building in Olomouc, Czech Republic Justice concerns the proper ordering of things and persons within a society. ... Immanence, derived from the Latin in manere to remain within, refers to philosophical and metaphysical theories of the divine as existing and acting within the mind or the world. ... A bill of rights is a list or summary of which is considered important and essential by a group of people. ... Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. ... Ronald Dworkin (born 1931) is an American legal philosopher, and currently professor of Jurisprudence at University College London and the New York University School of Law. ...


Besides utilitarianism and Kantianism, natural law jurisprudence has in common with virtue ethics that it is a live option for a first principles ethics theory in analytic philosophy. Utilitarianism (1861), see Utilitarianism (book). ... Kantianism is the philosophy of Immanuel Kant. ... This article or section does not cite its references or sources. ... In a formal logical system, that is, a set of propositions that are consistent with one another, it is probable that some of the statements can be deduced from one another. ... Analytic philosophy is a generic term for a style of philosophy that came to prominence during the 20th Century. ...


The concept of natural law was very important in the development of the English common law. In the struggles between Parliament and the monarch, Parliament often made reference to the Fundamental Laws of England which were at times said to embody natural law principles since time immemorial and set limits on the power of the monarchy. According to William Blackstone, however, natural law might be useful in determining the content of the common law and in deciding cases of equity, but was not itself identical with the laws of England. Nonetheless, the implication of natural law in the common law tradition has meant that the great opponents of natural law and advocates of legal positivism, like Jeremy Bentham have also been staunch critics of the common law. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... The British monarchy is a shared monarchy; this article describes the monarchy from the perspective of the United Kingdom. ... Blackstones history In the 1760s William Blackstone described the Fundamental Laws of England in Commentaries on the Laws of England, Book the First - Chapter the First : Of the Absolute Rights of Individuals [1] as the absolute rights of every Englishman and traced their basis and evolution as follows: Magna... Time immemorial is time extending beyond the reach of memory, record, or tradition. ... William Blackstone as illustrated in his Commentaries on the Laws of England. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... Jeremy Bentham (IPA: or ) (February 15, 1748 O.S. (February 26, 1748 N.S.) – June 6, 1832) was an English jurist, philosopher, and legal and social reformer. ...


Natural law jurisprudence is currently undergoing a period of reformulation (as is legal positivism). The most prominent contemporary natural law jurist, Australian John Finnis, is based in Oxford, but there are also Americans Germain Grisez, Robert P. George, and Canadian Joseph Boyle. All have tried to construct a new version of natural law. The 19th-century anarchist and legal theorist, Lysander Spooner, was also a figure in the expression of modern natural law. This article or section does not cite its references or sources. ... Germain Gabriel Grisez (born 1929) is a prominent and influential Catholic moral theologian. ... Robert P. George is McCormick Professor of Jurisprudence at Princeton University, where he leads courses on constitutional interpretation and civil liberties. ... Anarchism is a political philosophy or group of philosophies and attitudes centered on rejection of any form of compulsory authority[1] and government[2] (cf. ... Lysander Spooner (January 19, 1808 – May 14, 1887) was an American individualist anarchist political philosopher, abolitionist, and legal theorist of the 19th century. ...


"New Natural Law" as it is sometimes called, originated with Grisez. It focuses on "basic human goods," such as human life, knowledge, and aesthetic experience, which are self-evidently and intrinsically worthwhile, and states that these goods reveal themselves as being incommensurable with one another. In epistemology, a self-evident proposition is one that can be understood only by one who knows that it is true. ... In ethics, two values, norms, etc. ...


See also

Aristotle (Greek: Aristotélēs) (384 BC – 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great. ... This article is about John Locke, the English philosopher. ... Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... Natural rights are universal rights that are seen as inherent in the nature of people and not contingent on human actions or beliefs. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... A restored Stoa in Athens. ... The School of Salamanca is the renaissance of thought in diverse intellectual areas by Spanish theologians, rooted in the intellectual and pedagogical work of Francisco de Vitoria. ... Saint Thomas Aquinas (also Thomas of Aquin, or Aquino; c. ... “Hobbes” redirects here. ... ...

References

  1. ^ "Natural Law," International Encyclopedia of the Social Sciences.
  2. ^ Blackstone, Commentaries on the Laws of England
  3. ^ "Natural Law," International Encyclopedia of the Social Sciences
  4. ^ Shellens, "Aristotle on Natural Law."
  5. ^ Jaffa, Thomism and Aristotelianism.
  6. ^ H. Rackham, trans., Nicomachean Ethics, Loeb Classical Library; J. A. K. Thomson, trans. (revised by Hugh Tedennick), Nicomachean Ethics, Penguin Classics.
  7. ^ Joe Sachs, trans., Nicomachean Ethics, Focus Publishing
  8. ^ Nicomachean Ethics, Bk. V, ch. 6–7.
  9. ^ Politics, Bk. III, ch. 16.
  10. ^ Rhetoric 1373b2–8.
  11. ^ Shellens, "Aristotle on Natural Law," 75–81
  12. ^ "Natural Law," International Encyclopedia of the Social Sciences.
  13. ^ "Natural Law," International Encyclopedia of the Social Sciences.
  14. ^ Burns, "Aquinas's Two Doctrines of Natural Law."
  • Aristotle. Nicomachean Ethics. Translated by H. Rackham. Loeb Classical Library. Cambridge, MA: Harvard University Press.
  • Aristotle. Nicomachean Ethics. Translated by J. A. K. Thomson (revised by Hugh Trennedick). New York: Penguin.
  • Aristotle. Nicomachean Ethics. Translated by Joe Sachs. Newburyport, MA: Focus Publishing.
  • Aristotle. Rhetoric.
  • Aristotle. Politics.
  • Blackstone, William. 1765–9. Commentaries on the Laws of England.
  • Burns, Tony. 2000. "Aquinas's Two Doctrines of Natural Law." Political Studies 48. Pp. 929–946.
  • Finnis, John. 1980. Natural Law and Natural Rights. Oxford: Clarendon Press.
  • Jaffa, Harry V. 1952. Thomism and Aristotelianism. Chicago: University of Chicago Press.
  • Kainz, Howard P. 2004. Natural Law: an Introduction and Re-examination. Open Court. ISBN 0-8126-9454-6.
  • "Natural Law." International Encyclopedia of the Social Sciences. New York, 1968.
  • Robinson, Dave & Groves, Judy. 2003. Introducing Political Philosophy. Icon Books. ISBN 1-84046-450-X.
  • Raoul Muhm: Germania: La rinascita del diritto naturale e i crimini contro l´umanità. Deutschland: Die Renaissance des Naturrechts und die Verbrechen gegen die Menschlichkeit. Germany: The renaissance of natural law and crimes against humanity. Vecchiarelli Editore Manziana (Roma) 2004 ISBN 88-8247-153-5
  • Shellens, Max Salomon. 1959. "Aristotle on Natural Law." Natural Law Forum 4, no. 1. Pp. 72–100.

External links


The Stanford Encyclopedia of Philosophy (hereafter SEP) is a free online encyclopedia of philosophy run and maintained by Stanford University. ... This article or section does not cite its references or sources. ... Wendy McElroy is a Canadian individualist anarchist and individualist feminist. ... The Freeman is a monthly journal; it is the principal publication of the Foundation for Economic Education (FEE), located in Irvington-on-Hudson, New York. ... This article is about Robert Bellarmine, the Catholic Saint. ... This article is about John Locke, the English philosopher. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links This is a lossless scalable vector image. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... This article needs additional references or sources for verification. ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... It has been suggested that this article or section be merged with antitrust. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... An approach to law stressing the actual social effects of legal institutions, doctrines, and practices and vice versa. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ... The Politics series Politics Portal This box:      This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...


  Results from FactBites:
 
Natural law - definition of Natural law in Encyclopedia (619 words)
In law, natural law is the doctrine that just laws are immanent in nature (that can be claimed as discovered but not created by such things as a bill of rights) and/or that they can emerge by natural process of resolving conflicts (as embodied by common law).
The Roman Catholic Church understands natural law to be immanent in nature; this understanding is in large part due to the influence of Thomas Aquinas, often as flitered through the School of Salamanca.
Natural law affirms the worth of all members of the human species, and proposes that sexuality should always be "open" to the goods of unity and procreation.
  More results at FactBites »

 
 

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