Natural law in the context of "Human nature"

Play Trivia Questions online!

or

Skip to study material about Natural law in the context of "Human nature"

Ad spacer

⭐ Core Definition: Natural law

Natural law (Latin: ius naturale, lex naturalis) is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with positive law (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality", depending on the context in which naturally-grounded practical principles are claimed to exist.

In Western tradition, natural law was anticipated by the pre-Socratics, for example, in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was mentioned in ancient Roman philosophy by Cicero. References to it are also found in the Old and New Testaments of the Bible, and were later expounded upon in the Middle Ages by Christian philosophers such as Albert the Great and Thomas Aquinas. The School of Salamanca made notable contributions during the Renaissance.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<
In this Dossier

Natural law in the context of Age of Enlightenment

The Age of Enlightenment (also the Age of Reason) was a period in the history of Europe and Western civilization during which the Enlightenment, an intellectual and cultural movement, flourished, emerging in the late 17th century in Western Europe and reaching its peak in the 18th century, as its ideas spread more widely across Europe and into the European colonies, in the Americas and Oceania. Characterized by an emphasis on reason, empirical evidence, and scientific method, the Enlightenment promoted ideals of individual liberty, religious tolerance, progress, and natural rights. Its thinkers advocated for constitutional government, the separation of church and state, and the application of rational principles to social and political reform.

The Enlightenment emerged from and built upon the Scientific Revolution of the 16th and 17th centuries, which had established new methods of empirical inquiry through the work of figures such as Galileo Galilei, Johannes Kepler, Francis Bacon, Pierre Gassendi, Christiaan Huygens and Isaac Newton. Philosophical foundations were laid by thinkers including René Descartes, Thomas Hobbes, Baruch Spinoza, and John Locke, whose ideas about reason, natural rights, and empirical knowledge became central to Enlightenment thought. The dating of the period of the beginning of the Enlightenment can be attributed to the publication of Descartes' Discourse on the Method in 1637, with his method of systematically disbelieving everything unless there was a well-founded reason for accepting it, and featuring his dictum, Cogito, ergo sum ('I think, therefore I am'). Others cite the publication of Newton's Principia Mathematica (1687) as the culmination of the Scientific Revolution and the beginning of the Enlightenment. European historians traditionally dated its beginning with the death of Louis XIV of France in 1715 and its end with the outbreak of the French Revolution in 1789. Many historians now date the end of the Enlightenment as the start of the 19th century, with the latest proposed year being the death of Immanuel Kant in 1804.

↑ Return to Menu

Natural law in the context of Pre-Socratic philosophy

Pre-Socratic philosophy, also known as early Greek philosophy, is ancient Greek philosophy before Socrates. Pre-Socratic philosophers were mostly interested in cosmology, the beginning and the substance of the universe, but the inquiries of these early philosophers spanned the workings of the natural world as well as human society, ethics, and religion. They sought explanations based on natural law rather than the actions of gods. Their work and writing has been almost entirely lost. Knowledge of their views comes from testimonia, i.e. later authors' discussions of the work of pre-Socratics. Philosophy found fertile ground in the ancient Greek world because of the close ties with neighboring civilizations and the rise of autonomous civil entities, poleis.

Pre-Socratic philosophy began in the 6th century BC with the three Milesians: Thales, Anaximander, and Anaximenes. They all attributed the arche (a word that could take the meaning of "origin", "substance" or "principle") of the world to, respectively, water, apeiron (the unlimited), and air. Another three pre-Socratic philosophers came from nearby Ionian towns: Xenophanes, Heraclitus, and Pythagoras. Xenophanes is known for his critique of the anthropomorphism of gods. Heraclitus, who was notoriously difficult to understand, is known for his maxim on impermanence, ta panta rhei, and for attributing fire to be the arche of the world. Pythagoras created a cult-like following that advocated that the universe was made up of numbers. The Eleatic school (Parmenides, Zeno of Elea, and Melissus) followed in the 5th century BC. Parmenides claimed that only one thing exists and nothing can change. Zeno and Melissus mainly defended Parmenides' opinion. Anaxagoras and Empedocles offered a pluralistic account of how the universe was created. Leucippus and Democritus are known for their atomism, and their views that only void and matter exist. The Sophists advanced philosophical relativism. The Pre-Socratics have had significant impact on several concepts of Western philosophy, such as naturalism and rationalism, and paved the way for scientific methodology.

↑ Return to Menu

Natural law in the context of Aristotelianism

Aristotelianism (/ˌærɪstəˈtliənɪzəm/ ARR-i-stə-TEE-lee-ə-niz-əm) is a philosophical tradition inspired by the work of Aristotle, usually characterized by deductive logic and an analytic inductive method in the study of natural philosophy and metaphysics. It covers the treatment of the social sciences under a system of natural law. It answers why-questions by a scheme of four causes, including purpose or teleology, and emphasizes virtue ethics. Aristotle and his school wrote tractates on physics, biology, metaphysics, logic, ethics, aesthetics, poetry, theatre, music, rhetoric, psychology, linguistics, economics, politics, and government. Any school of thought that takes one of Aristotle's distinctive positions as its starting point can be considered "Aristotelian" in the widest sense. This means that different Aristotelian theories (e.g. in ethics or in ontology) may not have much in common as far as their actual content is concerned besides their shared reference to Aristotle.

In Aristotle's time, philosophy included natural philosophy, which preceded the advent of modern science during the Scientific Revolution. The works of Aristotle were initially defended by the members of the Peripatetic school and later on by the Neoplatonists, who produced many commentaries on Aristotle's writings. In the Islamic Golden Age, Avicenna and Averroes translated the works of Aristotle into Arabic and under them, along with philosophers such as Al-Kindi and Al-Farabi, Aristotelianism became a major part of early Islamic philosophy.

↑ Return to Menu

Natural law in the context of Westphalian sovereignty

The Westphalian system, also known as Westphalian sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle developed in Europe after the Peace of Westphalia in 1648, based on the state theory of Jean Bodin and the natural law teachings of Hugo Grotius. It underlies the modern international system of sovereign states and is enshrined in the United Nations Charter, which states that "nothing ... shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state."

According to the principle, every state, no matter how large or small, has an equal right to sovereignty. Political scientists have traced the concept to the eponymous peace treaties that ended the Thirty Years' War (1618–1648) and Eighty Years' War (1568–1648). The principle of non-interference was further developed in the 18th century. The Westphalian system reached its peak in the 19th and 20th centuries, but has faced recent challenges from advocates of humanitarian intervention.

↑ Return to Menu

Natural law in the context of Istislah

Istislah (Arabic: استصلاح, lit.'to deem proper') is a method employed by Islamic jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة Maslaha, or "public interest" (both words being derived from the same triconsonantal root, "ṣ-l-ḥ"). Extratextual pragmatic considerations are commonly accepted in Islamic jurisprudence concerning areas where the Qur'an and the practices of the earliest Muslim generations (Salaf) provide no specific guidance.

Istislah bears some similarities to the natural law tradition in the West, as exemplified by Thomas Aquinas. However, whereas natural law deems good that which is known self-evidently to be good, according as it tends towards the fulfilment of the person, istislah calls good whatever is connected to one of five "basic goods". Al-Ghazali abstracted these "basic goods" from the five legal precepts in the Qur'an and Sunnah—religion, life, reason, lineage (or offspring), and property. In this classical formulation, istislah differs from utilitarianism—"the greatest happiness for the greatest number of people"—because something that results in "the greatest happiness" may infringe any one of the five basic values. Rather than utilitarianism, Istislah bears closer resemblance to deontologicalism.

↑ Return to Menu

Natural law in the context of Christian views on sin

In Christianity, sin is an immoral act and transgression of divine law. The doctrine of sin is central to the Christian faith, since its basic message is about redemption in Christ.

Hamartiology, a branch of Christian theology which is the study of sin, describes sin as an act of offence against God by despising his persons and Christian biblical law, and by injuring others. Christian hamartiology is closely related to concepts of natural law, moral theology and Christian ethics.

↑ Return to Menu

Natural law in the context of Right-wing politics

Right-wing politics is the range of political ideologies that view certain social orders and hierarchies as inevitable, natural, normal, or desirable, typically supporting this position in favour of conservatism, natural law, economics, authority, property, religion, or tradition. Hierarchy and inequality may be seen as natural results of traditional social differences or competition in market economies.

Right-wing politics are considered the counterpart to left-wing politics, and the left–right political spectrum is the most common political spectrum. The right includes social conservatives and fiscal conservatives, as well as right-libertarians. "Right" and "right-wing" have been variously used as compliments and pejoratives describing neoliberal, conservative, and fascist economic and social ideas.

↑ Return to Menu

Natural law in the context of Divine providence

In theology, divine providence, or simply providence, is God's intervention in the universe. The term Divine Providence (usually capitalized) is also used as a title of God. A distinction is usually made between "general providence", which refers to God's continuous upholding of the existence and natural order of the universe, and "special providence", which refers to God's extraordinary intervention in the life of people. Miracles and even retribution generally fall in the latter category.

↑ Return to Menu