Natural law theory holds that innate laws of nature govern all humans, separate from legislated laws. It has influenced many nations and is reflected in the Universal Declaration of Human Rights. The theory originated in ancient Greece and has been built upon by philosophers such as Aquinas, Hobbes, and Locke. Natural law includes universal ideas of fairness and basic moral laws, with some integrating religious beliefs. It has numerous branches and is used as a framework for discussing positive law, even being integrated into legal systems such as in England’s Basic Laws.
Natural law theory is a philosophical and legal belief that all humans are governed by basic innate laws, or laws of nature, that are separate and distinct from the laws that are legislated. Legislative laws are sometimes called “positive laws” within the framework of natural law theory, to make a clear distinction between natural and social laws. This theory has heavily influenced the laws and governments of many nations, including England and the United States, and is also reflected in publications such as the Universal Declaration of Human Rights.
The origins of natural law theory lie in ancient Greece. Many Greek philosophers discussed and codified the concept of natural law and it played an important role in Greek governance. Later philosophers such as St. Thomas Aquinas, Thomas Hobbes and John Locke built their treatises on natural law theory on the work of the Greeks. Many of these philosophers have used natural law as a framework to critique and reform positive laws, arguing that positive laws that are unjust according to natural law principles are legally deficient.
You are already familiar with natural theory, although you may not be aware of it. Universal ideas of fairness that cut across cultural divides are an excellent example of natural law. Many children, for example, appeal to a sense of fairness in disputes, and most people around the world agree that murder is a serious infraction of natural law. Many natural law theorists root their theory in the idea that all human beings are essentially reasonable and that their motivations are driven by a sense of self-preservation.
Many “natural rights” codified in legal language are also part of natural law, although some theorists argue that humans can give up certain rights to live in society, for the best human good. However, the basic principles of equality and the desire to do good still remain. Some people also integrate religious beliefs into natural law theory, while others refer more generally to basic moral laws that may or may not be guided by religious belief.
There are numerous branches of this theory, some of them quite complex. Many of these branches use natural law as a framework for discussing positive law, and some of these branches are actually integrated into legal systems. In England, for example, members of parliament can appeal to natural law theory to settle disputes, in the form of the Basic Laws of England, a set of fundamental rights established by William Blackstone in the 181760s.
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