Legal Definitions - justitia naturalis

Justitia naturalis is a Latin term that translates to "natural justice." It refers to a set of fundamental principles of fairness that are expected in any decision-making process, especially when someone's rights, interests, or reputation are at stake. These principles are not necessarily written into specific laws but are considered inherent requirements for a just and equitable process.

The core tenets of justitia naturalis typically include:

• The right to a fair hearing: This means that individuals must be given adequate notice of any allegations or proposed actions against them, and have a reasonable opportunity to present their side of the story, offer evidence, and challenge opposing information before a decision is made.
• The rule against bias: This principle requires that the decision-maker or body must be impartial and free from any personal interest, prejudice, or pre-conceived notions that could influence their judgment. No one should be a judge in their own cause.

Here are some examples illustrating justitia naturalis:

• Workplace Disciplinary Action: Imagine an employee is accused of serious misconduct, such as theft, and faces potential termination. For justitia naturalis to be upheld, the employer must inform the employee of the specific allegations against them, provide any evidence supporting the claim, and give the employee a chance to respond, explain their actions, or present their own evidence before a final decision is made. This ensures the employee has a fair opportunity to be heard.

• University Academic Appeals: A university student believes they were unfairly graded on a major assignment and appeals the decision. According to justitia naturalis, the university's appeals committee must review the student's case impartially. The committee members should not include the professor who originally graded the assignment, nor should they have any personal relationship with the student or the professor that could create a conflict of interest. The student must also be allowed to present their arguments and evidence to the committee.

• Professional Licensing Board Review: A medical doctor is accused of negligence by a patient, and a state medical licensing board is investigating the complaint, which could lead to the suspension of their license. Justitia naturalis dictates that the doctor must receive clear, detailed notice of the specific charges, be given ample time to prepare a defense, present their own expert witnesses, and cross-examine any accusers. Furthermore, the members of the licensing board making the final decision must not have any personal or financial ties to the patient, the doctor, or any competing medical practice, ensuring an unbiased and fair judgment.