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Definition:
Natural law is the concept that positive and just laws rest upon a "higher
law" which is attested to by common sense in most people. According to this legal
theory, basic principles like justice and rights are basic facts of nature which
humans, through the use of reason, can discover and employ in the development of
social laws.
The current secular version argues that society's laws must reflect the "natural" ends of humanity. It originated among Christian theologians during the Middle Ages, when it was argued human law must reflect divine law, which is inscribed in nature. In both cases, the basic principle is that no unjust law is a true law: lex injusta non est lex.
Also Known As: none
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Related Resources:
What are Political and Legal Philosophy
The Philosophy of Politics and the Philosophy of Law are often studied separately, but they are presented here jointly because they both come back to the same thing: the study of force. Politics is the study of political force in the general community, while jurisprudence is the study of how laws can and should be used to achieve political and social goals.What is Philosophy?
What is philosophy? Is there any point in studying philosophy, or is it a useless subject? What are the different branches of philosophy - what's the difference between aestheitcs and ethics? What's the difference between metaphysics and epistemology?
