Legal Definitions - law of nature

The term law of nature is often used interchangeably with natural law. It refers to a philosophical and legal theory asserting that certain rights and moral values are inherent in human nature itself, universally recognizable through human reason, and exist independently of human-made laws (also known as positive law).

These principles are considered fundamental to justice and morality, suggesting that human laws should ideally align with them. Proponents of natural law believe that these universal moral truths provide a standard against which the fairness and legitimacy of human-made laws can be judged.

• Example 1: Challenging Discriminatory Laws

  Imagine a historical society where a specific group of people is legally denied the right to own property or participate in government, solely based on their ethnicity. An advocate argues that such a law is unjust and violates a fundamental "law of nature" which dictates that all humans, by virtue of their shared humanity, possess inherent dignity and certain basic rights, regardless of their origin.

  This example illustrates the "law of nature" by showing how a human-made law (denying rights) is deemed morally wrong because it conflicts with a higher, universal moral principle (inherent human dignity and rights) that is believed to exist independently of any government's decree. The advocate appeals to a universal moral standard that transcends the specific legal code.

• Example 2: Universal Condemnation of Atrocities

  When the international community condemns acts like genocide or widespread torture, it often appeals to universal principles of humanity and justice. Even if a particular nation's laws might, at some point, have permitted such acts, the global consensus holds that these actions are inherently wrong, violating fundamental human dignity and basic moral duties.

  This demonstrates the "law of nature" by showing how certain acts are considered universally immoral and unjust, not merely because a specific treaty or law prohibits them, but because they are seen as violating intrinsic moral principles that apply to all people, everywhere, irrespective of local legal codes. The condemnation stems from a belief in a shared, inherent moral compass.

• Example 3: Conscientious Objection in Healthcare

  A medical professional refuses to participate in a procedure that is legal in their country but which they believe deeply violates their moral conscience, arguing that their ethical obligation to preserve life stems from a higher moral duty that transcends specific legal requirements.

  Here, the individual is appealing to a "law of nature" in the sense that they believe there are universal moral principles (like the sanctity of life or the duty to do no harm) that transcend and, in their view, take precedence over specific human-made laws or professional requirements. They are acting based on an inherent moral compass rather than solely on positive law.