Legal Definitions - lex aeterna

Lex Aeterna

This Latin term translates to "eternal law." It refers to a fundamental set of principles or a universal order believed to govern all existence, often originating from a divine source or inherent in the very structure of the universe. Unlike human-made laws, which can change, lex aeterna is considered immutable, timeless, and universally applicable. It often serves as the ultimate foundation for concepts of natural law and morality, suggesting that certain truths about right and wrong are discoverable through reason because they are part of this eternal order.

• Example 1: Universal Moral Imperatives

  Consider the widespread understanding across diverse cultures and historical periods that it is inherently wrong to torture an innocent person or to commit unprovoked murder. Even in societies without formal written laws, these actions are generally condemned. This shared moral intuition, transcending specific legal codes, could be seen as reflecting lex aeterna. It suggests an inherent, universal moral principle—an "eternal law"—that guides human behavior, indicating that certain actions are fundamentally right or wrong, independent of any legislative body.

• Example 2: The Foundation of Inalienable Human Rights

  When international declarations, such as the Universal Declaration of Human Rights, assert that all individuals are born free and equal in dignity and rights, they often present these rights as inherent and inalienable, not granted by governments but recognized by them. The belief that human rights exist fundamentally, prior to any government or legal system, aligns with the concept of lex aeterna. It posits that there is an eternal, unchanging truth about human dignity and worth, from which these rights naturally flow, forming a basis that human laws should respect and uphold.

• Example 3: Philosophical Basis for Justice

  A philosopher might argue that true justice is not merely what a society deems legal at a particular moment, but rather an alignment with a higher, universal standard of fairness and equity that applies to all people at all times. For instance, the principle that those who commit similar crimes should receive similar punishments, regardless of their social status, might be seen as reflecting an eternal principle of justice. This argument invokes lex aeterna by suggesting that there is an ultimate, unchanging principle of justice embedded in the fabric of existence. Human laws, to be truly just, must strive to reflect this eternal standard, rather than being arbitrary or purely conventional.