Legal Definitions - lex naturae

Lex Naturae, Latin for "natural law," refers to a philosophical concept asserting that certain rights, moral values, and duties are inherent in human nature itself, universally knowable through human reason, and independent of government, culture, or societal laws.

It posits that there is a higher, unwritten law that governs human conduct, discoverable by our innate sense of right and wrong, rather than being created by legislative bodies. This concept suggests that positive laws (laws created by humans) should ideally align with these fundamental, universal principles.

• Example 1: The Universal Prohibition Against Torture

  Across diverse cultures and legal systems, there is a widely accepted moral principle that torturing another human being is inherently wrong, regardless of the circumstances. Even if a particular government were to pass a law permitting torture, many would argue that such a law violates a fundamental moral truth discoverable by human reason. This widespread condemnation of torture exemplifies lex naturae, as it suggests a universal moral principle that transcends specific man-made laws and is believed to be inherent in human understanding of justice and dignity.

• Example 2: The Right to Self-Preservation

  Consider the instinctive human drive to defend oneself or one's family from immediate, life-threatening danger. Most legal systems recognize a right to self-defense, often allowing for actions that would otherwise be illegal (like using force) when faced with an imminent threat. This recognition is not merely a product of legislative decree but is often seen as reflecting a deeper, natural right to preserve one's own life. The idea that individuals possess an inherent right to protect themselves, even without a specific statute granting it, illustrates a principle derived from lex naturae.

• Example 3: Basic Parental Duty to Care for Children

  In nearly every society, there is an expectation that parents will provide basic care, sustenance, and protection for their young children. While specific laws dictate aspects of child welfare, the fundamental duty of a parent to care for their offspring is often viewed as a natural obligation, not solely a legal one. If a parent were to abandon a helpless infant, most people would condemn this action as morally reprehensible, even if no specific law were immediately invoked. This universal understanding of a parent's natural duty of care reflects a principle rooted in lex naturae, suggesting an inherent moral responsibility that transcends specific legal codes.