Natural Law

Natural law, or the law of nature (Latin: lex naturalis), is a system of law that is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature—both social and personal—and deduce binding rules of moral behavior. Natural law is contrasted with the positive law (meaning "man-made law", not "good law"; cf. posit) of a given political community, society, or nation-state, and thus serves as a standard by which to criticize said positive law. According to natural law theory, which holds that morality is a function of human nature and reason can discover valid moral principles by looking at the nature of humanity in society, the content of positive law cannot be known without some reference to natural law. Used in this way, natural law can be invoked to criticize decisions about the statutes, but less so to criticize the law itself. Some use natural law synonymously with natural justice or natural right (Latin ius naturale)

Although natural law is often conflated with common law, the two are distinct and both in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation. Natural law theories have, however, exercised a profound influence on the development of English common law, and have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, John Locke, Francis Hutcheson, Jean Jacques Burlamaqui, and Emmerich de Vattel. Because of the intersection between natural law and natural rights, it has been cited as a component in the United States Declaration of Independence and the Constitution of the United States, as well as in the Declaration of the Rights of Man and of the Citizen. Declarationism states that the founding of the United States is based on Natural law.

Read more about Natural Law:  History, Contemporary Christian Understanding, In Contemporary Jurisprudence

Other articles related to "natural law, law, laws, natural":

Natural Law - In Contemporary Jurisprudence
... This law-related article does not cite its references or sources ... appropriate citations, which can be found through legal research In jurisprudence, natural law can refer to the several doctrines That just laws are immanent in nature that ... that they rely on inherence as opposed to design in finding just laws ...
Political Naturalism
... ideology and legal system which believes that there is a natural law, just and obvious to all, that crosses ideologies, faiths and personal thinking, that ... naturalism's believe that the precision of natural sciences can be applied to social sciences, and hence to practical social activities like politics and law ... It may be seen as a natural law-based version of legalism/constitutionalism (especially of prescriptive constitutionalism, in the way it tries ...
Creativity (religion) - Beliefs - Natural Law
... Creators adhere to a naturalist philosophy and believe that Nature is governed by laws which are immutable, that is, they are "unchanging, unbending and unyielding ... Whether we look at the species of mice or rabbits or cats in their natural habitat, they claim, we find that they have been segregated into dozens of different species, each following ... means of protection, of mating, of propagation." Each has its natural enemies ...
Martens Clause
... into the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land ... Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations ... — Convention with respect to the laws of war on land (Hague II), 29 July 1899 ...
Russian Law - Hierarchy - Other Sources - Legal Consciousness, Natural Law, Good Faith and General Principles
... Judges don’t rely on natural law, but rather legal positivism combined with general principles of law ... are equity and fairness, general principles of law, etc ...

Famous quotes related to natural law:

    Natural law is only whatever happens in your lifetime within fifty miles of you.
    —‘Marcy.’ As quoted in The Girl I Left Behind, Introduction, by Jane O’Reilly (1980)