Natural Law: What is it? + Theorists

What is Natural Law?

Natural Law: the theory that human laws are derived from eternal and

unchangeable principles that regulate the natural world, and that people can

become aware of these laws through the use of reason. (ie: universally

understood concepts of morality)


is the philosophical basis of law.

● It is unwritten

● Underlies moral principals of wright and wrong, which can be derived by reasoning and

heeding to one’s conscience

● Argues that a universal moral command exists for making and judging laws

● It is the conscience of the legal system

Socrates

Morality (ethics) is an important part of natural law. Man made

laws should reflect those morals.

- Obeying the law is the moral thing to do; should be obeyed even in the

face of death.

- Believed that philosophers should be the heads of state; Socrates says,

“that ideals belong in a world that only the wise man can understand.”

- Also believed that to wrong against the law was to wrong against those
who abide by the law.

Known for using the process of a dialectic

• executed because the government

• feared his influence on young people

• Did not write down his teachings

Plato

Plato believed that organized society is a natural

institution; we are social by nature. This works

when justice exists:

○ Justice exists when all powers of an individual

or society work together for the good of the

whole.

○ Justice in the individual exists when intellect

controls instincts (through reason)

● Human laws must be based on knowledge of the

eternal laws that rule the universe.

● Education produces good behaviour.

St. Thomas Aquinas

-St. Thomas Aquinas believed that Natural law is the eternal law

(from God) that operates in humans.

Human law is the product of reason which is based

on natural law and is made public by society’s ruler.

2. It is published so that everyone knows it (made

public).

3. The ruler is responsible for the “care” of the

community.

4. A moral obligation exists to obey just laws.

He theozied that there are 4 types of laws: eternal law, natural law, divine positive laws, and human positive laws

Aristole

● He believed that what sets humans apart from

other animals is their reason, which allows them to

tell the difference between good and bad, the just

and unjust.

● Rationalism – process of using reason to analyze

the natural world from observation (modern

scientific method)

People are born into one of three categories:

○ Some people are born good

○ Some people can be made good through education

○ Majority are ruled by their passions; laws and education are

needed to ensure people are law abiding

Purpose of law: Regulate human life in the state

○ Ultimately, help citizens use their faculty of reason to reach

their greatest potential (“good life”)

Cicero

● Roman lawyer at time of Julius Caesar

● Established principle: justice, right, equality, fairness,

should underline law

● Law is the ethical norms for the human being

● State should represent collective will of citizens; not

enacting evil laws

● Permissible for citizen to withdraw support of a Gov.

enacting evil laws (even if majority approves them)