Legal Definitions - jurisprudentia naturalis

Jurisprudentia naturalis refers to the study and understanding of natural law. This concept posits that there are fundamental moral principles and inherent rights that are universal, discoverable through human reason, and exist independently of any government or human-made legal system. These principles are often considered a higher standard against which positive (man-made) laws can be judged, implying that truly just laws should align with these inherent moral truths.

Here are some examples illustrating jurisprudentia naturalis:

• Universal Human Rights: The widespread belief that every individual possesses inherent rights, such as the right to life, freedom from torture, and freedom of speech, simply by virtue of being human. These rights are often considered to exist even if a particular country's written laws do not explicitly recognize or actively suppress them.

  This illustrates jurisprudentia naturalis because the advocacy for these rights, especially in oppressive regimes, appeals to a universal moral understanding that transcends local statutes. International human rights treaties, while codified into positive law, are largely seen as reflections of these deeper, universally accepted natural law principles.

• Crimes Against Humanity: The prosecution of individuals for atrocities like genocide or war crimes, even if their actions were sanctioned or ordered by their national government at the time they were committed.

  This demonstrates jurisprudentia naturalis because the legal basis for prosecuting such crimes, as seen in tribunals like Nuremberg, often rests on the idea that certain acts are so profoundly immoral and violate a universal sense of justice that no national law can legitimize them. It asserts that there is a higher moral law, inherent to humanity, which dictates that such acts are always wrong, regardless of positive law.

• The Right to Self-Defense: The widely accepted notion that an individual has an inherent right to defend themselves or others from imminent physical harm, even if it involves using force.

  This example reflects jurisprudentia naturalis because while specific laws (positive law) define the limits and conditions under which self-defense can be legally exercised, the fundamental recognition of this right often predates and informs those laws. It is seen as an intuitive, natural right to protect one's life, a principle that is considered universally valid and guides how societies structure their legal provisions for self-defense.