THEORY OF NATURAL LAW

Theory of Natural Law

Theory of Natural Law

Introduction

Theories of natural law hold that there is a single law, or body of laws, based on the nature, that all human societies should obey. This tradition was embraced by philosophers and legal theorists for more than 2,500 years. It has been highly adaptable and multifarious. The idea of natural law originated with the Greek philosopher Heraclitus (circa 500 B.C.), who declared, “All the laws of human beings are nourished by one divine [law].” This universal principle was independent of human opinion or agreement, but rather was regarded as the justification for human laws.

The legal standards set by state law also include natural right as a standard. The latter is understood as a set of rights that all people possess by nature, by the very fact of their birth: the right to life, liberty, equality, private property, the right to be happy, etc. State cannot encroach upon these natural and inalienable human rights.

Discussion

The theory of natural law is a legal and philosophical belief, where everything is governed by innate basic laws or the laws of nature, which are separate and distinct from the laws that are legislated. Under the theory of natural law, laws are referred to as positive laws. This helps in making a clear distinction between natural and social laws. The natural law theory has greatly influenced the laws and governments of many nations, including Britain and the United States. It is also reflected in publications such as the Universal Declaration of Human Rights (Brett, 1997, 229).

The theory of natural law initiated from ancient Greece. Many Greek philosophers discussed and codified the concept of natural law. It played an important role in the Greek government. Later, philosophers such as Aquinas, Thomas Hobbes and John Locke based on the work of the Greeks in the natural law. Many of these philosophers used natural law as a framework to criticize and reform the substantive law, arguing that the positive laws are unfair under the principles of natural law and legally insufficient (Cicero, 1999, 34).

People are already familiar with the natural theory, but they may not be aware of it completely. Cross cultural barriers are an excellent example of theory of natural law. Many children, for example, appeal to a sense of fairness in litigation, and most people around the world agree that murder is a serious violation of natural law. Many natural law theorists are aware that all human beings are essentially sensible, and that their motives are driven by a sense of self preservation (Hunter, 2002, 321).

Background Information

Since the fifth century BC, natural law has provided a system of norms. It has claimed validity and has become a judicial binding force for all human beings. This universal claim was founded on the assumption that all rational human beings have the ability to grasp, and thus, follow the right reasons. Such an assumption is controversial, and the development of increasingly sophisticated natural law theories bears testimony to argue for ...