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Legal Definitions - jure naturae
Definition of jure naturae
Jure naturae is a Latin phrase meaning "by the law of nature" or "by natural law." It refers to rights, principles, or obligations that are considered inherent to human beings and the natural order, existing independently of any specific laws created by governments or societies. These concepts are often viewed as universal, immutable, and discoverable through reason, rather than being established by human decree.
Here are some examples illustrating this concept:
The inherent right to self-preservation: Imagine a situation where an individual is attacked without provocation and defends themselves using reasonable force. Even if there were no specific statutes explicitly outlining a "right to self-defense" in that particular jurisdiction, many would argue that the individual acted *jure naturae*. This is because the right to protect one's own life is often considered a fundamental, natural right that exists for all living beings, regardless of whether it has been formally codified into law.
The universal condemnation of unprovoked violence: Across diverse cultures and legal systems worldwide, there is a common understanding that inflicting unprovoked physical harm on another person is morally wrong. While specific laws define crimes like assault and battery, the underlying principle that such actions are unacceptable is often seen as stemming from natural law. This means the principle against unprovoked violence is considered to exist *jure naturae*, as a basic tenet of human interaction that transcends specific legal codes.
The duty of care for one's offspring: Consider the widely accepted notion that parents have a fundamental obligation to provide for and protect their young children. While many societies have laws enforcing parental responsibilities (e.g., child support, neglect laws), the core idea that parents *should* care for their children is often viewed as a natural imperative. This duty is considered to exist *jure naturae*, as an inherent aspect of the parent-child relationship, rather than solely as a creation of statute or societal agreement.
Simple Definition
Jure naturae is a Latin term meaning "by the law of nature" or "according to natural law." It refers to a system of rights or justice believed to be inherent in human nature and universally recognizable through human reason, rather than being created by statute or custom.