Legal Definitions - jus naturae

Jus naturae is a Latin term that translates to "natural law." It refers to a philosophical concept asserting that there are universal moral principles inherent in human nature and discoverable through reason, rather than being created by human society or government. These principles are considered to be fundamental and apply to all people, regardless of their culture, religion, or specific legal system. Natural law is often seen as a higher standard against which human-made laws can be evaluated for their justice and fairness.

Here are some examples illustrating the concept of jus naturae:

• Consider the historical abolitionist movements. Advocates argued that slavery was fundamentally unjust, not merely because it was cruel, but because it violated the inherent dignity and freedom of every human being. This argument appealed to a jus naturae – a natural law that dictates all individuals possess certain inalienable rights, regardless of whether positive laws (human-made laws) recognized them. The moral conviction that no person should own another was seen as a universal truth, transcending specific legal codes.

• In international law, the prohibition against genocide is considered a jus cogens norm, meaning a fundamental principle of international law from which no derogation is permitted. Even if a specific regime were to attempt to legalize the extermination of a particular group, the international community would still view it as a profound violation of jus naturae. This is because it infringes upon the inherent human right to life and existence, principles believed to be universally understood and morally binding, independent of any state's domestic laws.

• The widely held societal understanding that it is wrong to intentionally harm an innocent person, even in the absence of specific laws prohibiting it, reflects jus naturae. While legal systems universally criminalize assault and murder, the underlying moral conviction that such acts are inherently wrong is often seen as stemming from a basic sense of justice and compassion that is discoverable by human reason and applies universally, rather than being solely a product of legislative decree.