Natural law

UWI-Faculty of Law: Jurisprudence - Natural Law (Semester I 2024/2024)

LEARNING OBJECTIVES

  • Describe various natural law philosophies:
    • Plato and Aristotle’s natural law in ancient Greece and Rome.
    • The natural law theory of Aquinas including the relation of natural law to divine law and human law.
    • Finnis's modern natural law theories.
    • Fuller’s concept of 'inner morality of law'.
  • Assess relevance: Determine the relevance of natural law theory to the Bill of Rights in West Indian constitutional law and its implications for constitutional adjudication.
  • Critically assess various versions of natural law theory in the context of legal positivist critiques.
  • Understand key debates: Describe main arguments in the Hart/Fuller and Hart/Devlin debates.

What is Natural Law?

  • Essence of Natural Law:
    • There are objective moral principles rooted in the nature of the universe discoverable by reason, serving as the foundation of law.
    • The nature of law can be morally complex, acting as an instrument for both great good and significant evil.
    • Law drafters and adopters are morally obligated to craft laws that align with natural law principles in content and administration.

Historical Overview of Natural Law

Plato (427-347 B.C.E)

  • Philosophical Foundation: Plato's idealist philosophy laid the groundwork for natural law concepts.
    • Absolute Values: Plato believed in absolute values that laws should emulate, with justice as a transcendent value beyond local customs.
    • Criteria for Right Laws: Only laws that pursue the ideal of justice are considered right.
    • Education in Law: Advocated for instilling reverence for law in youth through respect and attachment to its principles.
  • Governance:
    • Critiqued “degenerate democracy” where citizens disregard laws.
    • Ideal ruler proposed by Plato is the philosopher-king, who is wise and committed to the greater good.

Aristotle (384–322 B.C.E)

  • Contrasting Views:
    • Unlike Plato, Aristotle derived values from human nature rather than transcendent ideals.
    • Introduced the concept of telos (end, purpose), emphasizing the fulfillment of human nature.
    • Stated that humans, as social beings, need communities and political structures for flourishing and justice.

Thomas Aquinas (1224 – 1274)

  • Key Work: Summa Theologiae incorporates Aristotelian ideas within a Christian framework.
    1. Lex aeterna: Divine reason, governing the universe, understood only by God.
    2. Lex naturalis: Human participation in eternal law, discoverable by reason; unjust laws diverge from natural law and are not laws.
    3. Natural Law Morality: Good and evil derive from human rationality, thus objective and universal.
    4. Lex divina: Revealed law that guides humans towards eternal salvation, accessible only through divine revelation.
    5. Lex humana: Man-made laws are necessary to enforce morality amid human selfishness; these must align with reason for the common good.

Hugo Grotius (1583-1645)

  • Father of Modern International Law: Criticized the use of war for political gain, advocating for human reason as the basis of natural law.
  • Core Beliefs:
    • Laws are independent of religious dictates and rooted in human nature, emphasizing self-preservation and societal need.
    • Ethical principles arise from the intrinsic traits of human beings.
    • Universal Application: Argued natural law applies to all rational beings.

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