Natural Law and Human Rights

Natural Law Theory

moral laws found in nature and discernible by reason.

Descriptive Laws (laws of nature)

refers to how nature behaves

Moral Laws (prescriptive)

guide how we should act

True

natural law is universal and higher than civil law since it is stable and universal, not subject to change by specific societies.

Aristoles Ethics

virtues are acquired through habituation and that moral excellence balances reason and desire. This posits that humans possess a rational nature that guides them towards moral choices.

Stoicism

understanding of the world htrough reason, positing that virtue is the highest good. Align oneself with natural order, to live well, one must undestand and accept the nature of reality and pursue virtue above all.

Ciceros Definition of the True Law

true is an expression of reason, discernible through human intellect, represetning the moral order inherent in nature. Argues that true law is immutable and applies universally to all people, serving as the basis for all just laws. This asserts the existence of natural rights that belong to all humans.

Aquinas Synthesis of Faith and Reason

this asserts that human reason can discern natural law, which exemplifies the divine order in the universe, bridging theological understanding with philosophical inquiry.

Natural law theory

believes that morality isn’t just a matter of personal taste or cultural convention, it is not subjective. Believes that something is in this way because they are ought to be changed rather than they are that way thus they can not be changed.

The is-ought problem

just because something exists in a certain way does not necessarily mean that it is good. by Humes, just because something is a certain way doesn’t mean it ought to be that way

Natural Rights

basic rights that include the right to life, liberty, and pursuit of happiness. These are said to exist not because they are granted by some state but because of the fact that they are important for us as human beings or persons. This suggest that humans poessess inherent rights that exist independent of any government or legal system.

Womens Rights and Rights for non-humans

examples of disagreements of rights, if natural rights really exist outside legal system

Pragmatic approach to rights

rights should be based on what works best for a functioning society, rather than debating if they exist. Rights like free speech, democracy, and equality are useful for creating fairness and stability.

Human nature

discovered by us through the use of reason, and not created by us or constructed by society.