What Is Natural Law?

Natural law is a theory in ethics and philosophy that says intrinsic values govern human beings' reasoning and behavior. Natural law maintains that these rules of ri🌄ght and wrong are inherent in people and are not created by society or court judges. As such, these rules aren't governed by human authority. Rather, they are universally accepted. Some principles of natural law influence positive law, ♏which is enacted and enforced by individuals.

Key Principles of Natural Law

Natural law holds that there are universal moral standards inherent in humℱankind throughout all time, and these standards should form the basis of a just soc🉐iety. Human beings are not explicitly taught natural law. Instead, we discover it by consistently making choices for good instead of evil. Some schools of thought believe that natural law is passed to humans through a divine presence.

Under the theory of natural law, everyone has the same rights regardless of their governmental or political system, culture, or religion. These rights cannot be denied by others or by human law. Some of the most common rights under natural law include life, liberty, and property.

The birthrights granted to humans under natural law are not the same as human rights, which vary and can change depending on the politics and societal views of certain countries. For example, some countries provide legal rights and protections to people who are part of the LGBTQ+ while others don't. Similarly, freedom of the press is considered a fundamental human right in many countries but not in others.

Natural Law vs. Positive Law

The theory of natural law states that our civil laws should be based on morality, ethics, and what is ๊inherently correct. This is in contrast to positive law, which is devised by humans and enforced by human authority, such as the government or police. Put simply, natural laws are inherent in us as human beings, while positiꦬve laws are created by people in the context of society.

Positive law may or may not reflect natural law and is defined by statute and 澳洲幸运5官方开奖结果体彩网:common law. According to the U.S. government, positive law is "law that has been enacted by a duly authorized legislature." Examples of positive laws include speed limits, the age of majority, and zoning ordinances.ꦜ Governing bodies ideally base positive laws on their se꧒nse of natural law when they are drafted.

Natural Law and the U.S. Legal System

To many, natural law is the foundation upon which the U.S. legal system was built. Natural law is witnessed in the country's laws, systems, covenants, and how its citizens live and interact. One of its earliest documents—the Declaration of Independence—asserts that every human is granted unalienable rights to life, liberty, and the pursuit of happiness, and it was that assertion that formed the frame of the United States legal system.

However, many early laws were exclusionary, affording rights only to a few. It took hundreds of years for some inhabitants to be considered legally 🌄human and even longer for them to be afforded the same unalienable rights as inscribed by Thomas Jefferson.

Over time, the moral push of activists and natural law proponents led to the ratification of some laws and the enactment of others, such as the Civil Rights Act, to blanket every human with the ability to exercise these rights and freedoms.

Examples of Natural Law

Examples of natural la⛎w abound, but philosophers and theologians throughout history have differed in their interpretations of this doctrine. Theoretically, the precepts of natural law should be constant throughout time and across the globe because natural law is based on human nature, no☂t on culture or customs.

When a child tearfully exclaims, “It’s not fair [that]..." or when viewing a documentary about the suffering of war, we feel pain because we're reminded of the horrors of human evil. And in doing this, we are also providing evidence for the existence of natural law. A well-accepted example of natural law in our society is that it is wrong for one person to kill another person.

In Philosophy and Religion

• Aristotle (384–322 BCE) is considered by many to be the founder of natural law. He argued that what is “just by nature” is not always the same as what is “just by law.” Aristotle believed that there is a natural justice that is valid everywhere with the same force. This natural justice is positive and does not depend on the decisions or laws of any one group of people.
• For St. Thomas Aquinas (1224/25–1274 CE), natural law and religion were inextricably connected. He believed that natural law "participates" in the divine "eternal" law. Aquinas thought eternal law to be that rational plan by which all creation is ordered, and natural law is the way that human beings participate in the eternal law. He further posited that the fundamental principle of natural law is that we should do good and avoid evil. 
• Mahatma Gandhi (1869-1948) argued that humanity is in danger of being destroyed by seven "sins" (often called the seven social sins): wealth without work, politics without principle, pleasure without conscience, commerce (or business) without morality (or ethics), knowledge without character, science without humanity, and religion without sacrifice. In each of these cases, the solution to the sin (work, principle, conscience, morality, character, humanity, and sacrifice) is an external standard derived from natural law.
• Martin Luther King, Jr. (1929–1968) argued that people are obligated to obey natural laws over unjust positive laws that conflict with them, writing that "One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws... To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust."

Philosophers of natural law often do not explicitly concern themselves with economic matters; likewise, economists systematically refrain from making explicit moral value judgments. Yet the fact that economics and natural law are intertwined has been borne out consistently in the 澳洲幸运5官方开奖结果体彩网:history of economics.

In Economics 

Because natural law as an ethical theory can be understood to be an extension of scientific and rational inquiry into how the world works, the laws of economics can be understood as natural laws of how economies should operate. Moreover, to the extent that economic analysis is used to prescribe (or proscribe) public policy or how businesses ought to conduct themselves, the practice of 澳洲幸运5官方开奖结果体彩网:applied economics must rely at least implicit💝ly on some ethical assumptions:

• Early economists of the medieval period, including Thomas Aquinas and the Scholastic monks of the School of Salamanca, heavily emphasized natural law as an aspect of economics in their theories of the just price of an economic good. 
• 澳洲幸运5官方开奖结果体彩网:John Locke based his theories related to economics on a version of natural law, arguing that people have a natural right to claim unowned resources and land as private property, thereby transforming them into economic goods by mixing them with their labor. 
• 澳洲幸运5官方开奖结果体彩网:Adam Smith (1723–1790) is renowned as the founder of modern economics. In Smith's first major treatise, "The Theory of Moral Sentiments," he described a "system of natural liberty" as being the matrix of true wealth. Many of Smith's ideas are still taught today, including his three natural laws of economics:

1. The Law of Self-Interest: People work for their own good.
2. The Law of Competition: Competition forces people to make a better product.
3. The Law of Supply and Demand: Enough goods would be produced at the lowest possible price to meet demand in a market economy.

The Bottom Line

Natural law is an ethical theory that claims that humans are born with a certain moral compass that guides behaviors. These inherited rules essentially distinguish the "rights" and "wrongs" in life. Under natural law, everyone is afforded the same rights, such as the right to live and the right to happiness. Natural law is evident in and shapes many of our laws, business policies, and human rights agendas. However, unlike these systems, its rules do not change and are inherently assigned to everyone.