Natural law in the context of Rightists


Natural law in the context of Rightists

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⭐ 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Natural law in the context of Li (Confucianism)

In traditional Confucian philosophy, li is an ethical concept broadly translatable as 'rite'. According to Wing-tsit Chan, li originally referred to religious sacrifices, but has come to mean 'ritual' in a broad sense, with possible translations including 'ceremony', 'ritual', 'decorum', 'propriety', and 'good form'. Hu Shih notes that li has "even been equated with natural law" by some western scholars. In Chinese cosmology, li refers to rites through which human agency participates in the larger order of the universe. One of the most common definitions of 'rite' is a performance transforming the invisible into the visible: through the performance of rites at appropriate occasions, humans make the underlying order visible. Correct ritual practice focuses and orders the social world in correspondence with the terrestrial and celestial worlds, keeping all three in harmony.

Throughout the Sinosphere, li was thought of as the abstract force that made government possible—along with the Mandate of Heaven it metaphysically combined with—and it ensured "worldly authority" would bestow itself onto competent rulers. The effect of ritual has been described as "centering", and was among the duties of the emperor, who was called the 'Son of Heaven'. However, rites were performed by all those involved in the affairs of state. Rites also involve ancestral and life-cycle dimensions. Daoists who conducted the rites of local gods as a centering of the forces of exemplary history, of liturgical service, of the correct conduct of human relations, and of the arts of divination such as the earliest of all Chinese classics—the I Ching—joining textual learning to bodily practices for harmonization of exogenous and endogenous origins of energy qi for a longer healthier life.

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Natural law in the context of Thomas Jefferson

Thomas Jefferson (April 13 [O.S. April 2], 1743 – July 4, 1826) was an American Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the Declaration of Independence. Jefferson was the nation's first U.S. secretary of state under George Washington and then the nation's second vice president under John Adams. Jefferson was a leading proponent of democracy, republicanism, and natural rights, and he produced formative documents and decisions at the state, national, and international levels.

Jefferson was born into the Colony of Virginia's planter class, dependent on slave labor. During the American Revolution, Jefferson represented Virginia in the Second Continental Congress, which unanimously adopted the Declaration of Independence. Jefferson's advocacy for individual rights, including freedom of thought, speech, and religion, helped shape the ideological foundations of the revolution. This inspired the Thirteen Colonies in their revolutionary fight for independence, which culminated in the establishment of the United States as a free and sovereign nation.

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Natural law in the context of Christian ethics

Christian ethics, also known as moral theology, is a multi-faceted ethical system. It is a virtue ethic, which focuses on building moral character, and a deontological ethic which emphasizes duty according to the Christian perspective. It also incorporates natural law ethics, which is built on the belief that it is the very nature of humans – created in the image of God and capable of morality, cooperation, rationality, discernment and so on – that informs how life should be lived, and that awareness of sin does not require special revelation. Other aspects of Christian ethics, represented by movements such as the social Gospel and liberation theology, may be combined into a fourth area sometimes called prophetic ethics.

Christian ethics derives its metaphysical core from the Bible, seeing God as the ultimate source of all power. Evidential, Reformed and volitional epistemology are the three most common forms of Christian epistemology. The variety of ethical perspectives in the Bible has led to repeated disagreement over defining the basic Christian ethical principles, with at least seven major principles undergoing perennial debate and reinterpretation. Christian ethicists use reason, philosophy, natural law, the social sciences, and the Bible to formulate modern interpretations of those principles; Christian ethics applies to all areas of personal and societal ethics.

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Natural law in the context of Natural and legal rights

Some philosophers distinguish two types of rights, natural rights and legal rights.

  • Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal, fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights.
  • Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights.

Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to by Saint Paul, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great, his pupil Thomas Aquinas, and Jean Gerson in his 1402 work "De Vita Spirituali Animae." During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government – and thus legal rights – in the form of classical republicanism. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.

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Natural law in the context of Leviathan

Leviathan (/lɪˈv.əθən/ le-VIE-ə-thən; Hebrew: לִוְיָתָן, romanizedLivyāṯān; Greek: Λεβιάθαν) is a sea serpent demon noted in theology and mythology. It is referenced in the Hebrew Bible, as a metaphor for a powerful enemy, notably Babylon. It is referred to in Psalms, the Book of Job, the Book of Isaiah, and the pseudepigraphical Book of Enoch. Leviathan is often an embodiment of chaos, threatening to eat the damned when their lives are over. In the end, it is annihilated. Christian theologians identified Leviathan with the demon of the deadly sin envy. According to Ophite Diagrams, Leviathan encapsulates the space of the material world.

In Gnosis, it encompasses the world like a sphere and incorporates the souls of those who are too attached to material things, so they cannot reach the realm of God's fullness beyond, from which all good emanates. In Hobbes, Leviathan becomes a metaphor for the omnipotence of the state, which maintains itself by educating children in its favour, generation after generation. This idea of eternal power that 'feeds' on its constantly self-produced citizens is based on a concept of conditioning that imprints the human's conscience in a mechanical manner. It deals in a good and evil dualism: a speculative natural law according to which man should behave towards man like a ravenous wolf, and the pedagogically transmitted laws of the state as Leviathan, whose justification for existence is seen in containing such frightening conditions.

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Natural law in the context of Jeremy Bentham

Jeremy Bentham (/ˈbɛnθəm/; 4 February 1747/8 O.S. [15 February 1748 N.S.] – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.

Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong". He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalizing of homosexual acts. He called for the abolition of slavery, capital punishment, and physical punishment, including that of children. He has also become known as an early advocate of animal rights. Though strongly in favour of the extension of individual legal rights, he opposed the idea of natural law and natural rights (both of which are considered "divine" or "God-given" in origin), calling them "nonsense upon stilts". However, he viewed the Magna Carta as important, citing it to argue that the treatment of convicts in Australia was unlawful. Bentham was also a sharp critic of legal fictions.

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Natural law in the context of Social philosophy

Social philosophy is the study and interpretation of society and social institutions in terms of ethical values rather than empirical relations. Social philosophers emphasize understanding the social contexts for political, legal, moral and cultural questions, and the development of novel theoretical frameworks, from social ontology to care ethics to cosmopolitan theories of democracy, natural law, human rights, gender equity and global justice.

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Natural law in the context of Traditional conservatism

Traditionalist conservatism, often known as classical conservatism, is a political and social philosophy that emphasizes the importance of transcendent moral principles, manifested through certain posited natural laws to which it is claimed society should adhere. It is one of many different forms of conservatism. Traditionalist conservatism, as known today, is rooted in Edmund Burke's political philosophy, as well as the similar views of Joseph de Maistre, who designated the rationalist rejection of Christianity during previous decades as being directly responsible for the Reign of Terror which followed the French Revolution. Traditionalists value social ties and the preservation of ancestral institutions above what they perceive as excessive rationalism and individualism. One of the first uses of the phrase "conservatism" began around 1818 with a monarchist newspaper named "Le Conservateur", written by Francois Rene de Chateaubriand with the help of Louis de Bonald.

The concepts of nation, culture, custom, convention, religious roots, and tradition are heavily emphasized in traditionalist conservatism. Theoretical reason is regarded as of secondary importance to practical reason. The state is also viewed as a social endeavor with spiritual and organic characteristics. Traditionalists think that any positive change arises based within the community's traditions rather than as a consequence of seeking a complete and deliberate break with the past. Leadership, authority, and hierarchy are seen as natural to humans. Traditionalism, in the forms of Jacobitism, the Counter-Enlightenment and early Romanticism, arose in Europe during the 18th century as a backlash against the Enlightenment, as well as the English and French Revolutions. More recent forms have included early German Romanticism, Carlism, and the Gaelic revival. Traditionalist conservatism began to establish itself as an intellectual and political force in the mid-20th century.

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