Legal Definitions - jus divinum

Jus Divinum refers to a concept of law believed to originate from a divine source or from the inherent, universal order of nature, rather than from human legislation or societal agreement. It encompasses principles considered to be eternal, immutable, and universally binding, often serving as a foundation for moral and ethical systems.

• Example 1: Religious Commandments

  In many Abrahamic religions, the Ten Commandments, such as "You shall not steal" or "You shall not bear false witness," are considered direct pronouncements from a divine being. Adherents believe these rules are not merely human suggestions but absolute moral imperatives.

  This illustrates jus divinum because the authority and binding nature of these commandments are understood to derive directly from a divine source, making them superior to any human-made law and universally applicable to believers.

• Example 2: Universal Moral Principles

  The widespread belief across cultures that it is inherently wrong to commit infanticide, regardless of specific local laws or customs, can be seen as an example. Even in societies where no formal legal code explicitly addresses it, there's often a deep-seated moral conviction against such an act.

  This demonstrates jus divinum in its "natural law" sense, suggesting that certain moral truths are self-evident and discoverable through reason, reflecting an intrinsic order of justice that exists independently of human legislation or religious doctrine.

• Example 3: Inherent Human Rights

  During the Enlightenment, philosophers argued for "natural rights," such as the right to life and liberty, which they believed were not granted by governments but were inherent to all individuals by virtue of their humanity, often seen as endowed by a creator. These rights were considered fundamental and inalienable.

  Here, jus divinum applies because these rights are presented as originating from a higher, divine, or natural order, rather than being mere concessions from a ruler or state. They are considered foundational principles that human laws should uphold, not violate.