Legal Definitions - jus naturale

Jus naturale is a Latin term that translates to natural law. It refers to a philosophical concept that certain rights, moral principles, and duties are inherent to human nature and universally understood as right or wrong.

These principles are believed to exist independently of human-made laws, government legislation, or court decisions. Instead, they are thought to be based on fundamental moral ideals and a universal sense of justice that can be discovered through reason, rather than being created by societal decree.

• Example 1: The inherent wrongness of murder. Across diverse cultures and throughout history, the act of intentionally taking an innocent human life has been almost universally condemned, even in societies without formal written legal codes. This widespread condemnation is often seen as an expression of jus naturale because it reflects a deep-seated moral intuition that such an act is fundamentally wrong, irrespective of whether a specific statute prohibits it.

• Example 2: The right to self-preservation. Consider a situation where an individual is faced with an immediate, life-threatening danger and uses necessary force to defend themselves. The belief that a person has an inherent right to protect their own life and bodily integrity, even if not explicitly detailed in every legal system, is often viewed as a natural right. This aligns with jus naturale as it suggests a fundamental entitlement rooted in human nature, rather than solely a right granted by government.

• Example 3: The moral obligation to keep promises. While there are legal contracts that enforce agreements, the underlying moral principle that one should keep their word is often taught and understood as a basic ethical duty from childhood. This widespread belief in the importance of honesty and fidelity in agreements, independent of specific legal enforcement mechanisms, illustrates jus naturale by pointing to a moral ideal that is considered inherently good for human interaction and societal trust.