Legal Definitions - ex jure naturae

Ex jure naturae is a Latin phrase that translates to "according to the law of nature."

This concept refers to principles or rights that are believed to be inherent, universal, and discoverable through human reason, rather than being created or granted by human-made laws or governments. It suggests that certain moral truths or fundamental rights exist independently of any legal system and apply to all people.

Here are some examples to illustrate this concept:

• Imagine a scenario where a person, facing an immediate and life-threatening danger, acts to defend themselves. Even if specific statutes on self-defense might vary by jurisdiction, the argument that their action was justified ex jure naturae would suggest that the right to self-preservation is a fundamental, inherent right that exists regardless of written law. It's a principle believed to be universally understood and morally imperative.

• Consider the foundational ideas behind international human rights declarations. When proponents argue that all individuals possess an inherent right to life, freedom from slavery, or freedom from torture, they are appealing to principles that are considered universal and fundamental, existing simply by virtue of being human. These rights are often presented as existing ex jure naturae, meaning they are not granted by any government but are intrinsic to human dignity itself, and thus should be recognized and protected by all legal systems.

• In a historical context, philosophers might have argued that a ruler's authority is legitimate only if it respects the natural rights of the people, such as the right to property or liberty. If a government enacted laws that flagrantly violated these perceived natural rights, some might contend that such laws were unjust because they went against principles existing ex jure naturae. The idea here is that there's a higher, natural standard against which human laws can be judged.