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Natural law (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by the proponents of this concept to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society).
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natural law, in philosophy, 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.
There have been several disagreements over the meaning of natural law and its relation to positive law. Aristotle (384–322 bce) held that what was “just by nature” was not always the same as what was “just by law,” that there was a natural justice valid everywhere with the same force and “not existing by people’s thinking this or that,” and that appeal could be made to it from positive law. However, he drew his examples of natural law primarily from his observation of the Greeks in their city-states, who subordinated women to men, slaves to citizens, and “barbarians” to Hellenes. In contrast, the Stoics conceived of an entirely egalitarian law of nature in conformity with the logos (reason) inherent in the human mind. Roman jurists paid lip service to this notion, which was reflected in the writings of St. Paul (c. 10–67 ce), who described a law “written in the hearts” of the Gentiles (Romans 2:14–15).
St. Augustine of Hippo (354–430) embraced Paul’s notion and developed the idea of man’s having lived freely under natural law before his fall and subsequent bondage under sin and positive law. In the 12th century Gratian, an Italian monk and father of the study of canon law, equated natural law with divine law—that is, with the revealed law of the Old and New Testaments, in particular the Christian version of the Golden Rule.
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Sep 23, 2002 · The Natural Law Tradition in Ethics. First published Mon Sep 23, 2002; substantive revision Sun May 26, 2019. ‘Natural law theory’ is a label that has been applied to theories of ethics, theories of politics, theories of civil law, and theories of religious morality.
Feb 5, 2007 · Natural Law Theories. First published Mon Feb 5, 2007; substantive revision Wed Jun 3, 2020. This entry considers natural law theories only as theories of law. That is not to say that legal theory can be adequately identified and pursued independently of moral and political theory.
Nov 22, 2019 · Robert Longley. Updated on November 22, 2019. Natural law is a theory that says all humans inherit—perhaps through a divine presence—a universal set of moral rules that govern human conduct. Key Takeaways: Natural Law. Natural law theory holds that all human conduct is governed by an inherited set of universal moral rules.
May 27, 2001 · In contrast to positivism, natural law claims that the conditions of legal validity are not exhausted by social facts; the moral content of the putative norms also bears on their legal validity. As the famous dictum, commonly attributed to Saint Augustine, has it: lex iniusta non est lex (unjust law is not law).
