Legal Definitions - lex naturale

Lex naturale is the Latin term for Natural Law.

Natural Law refers to a system of universal moral and ethical principles that are believed to be inherent in human nature and discoverable by human reason, rather than being created by human governments or societies. These principles are considered to be fundamental, unchanging, and superior to man-made laws (often called "positive law"). Proponents of natural law believe that truly just human laws must align with these inherent moral principles.

Here are some examples to illustrate this concept:

• Universal Prohibition Against Murder: Most societies across history and cultures have recognized that it is fundamentally wrong to intentionally take an innocent human life. This moral understanding is not something a specific government invented; it's a widely accepted ethical standard that many believe is discoverable through reason and inherent in human conscience, predating formal legal systems. Even if a tyrannical regime were to legalize the killing of certain groups, many would argue such a law violates a deeper, natural moral code.

  This illustrates lex naturale because the prohibition against murder is seen as an intrinsic moral truth, universally understood and not dependent on any specific legislature's decree. It's a principle believed to exist independently of codified law.

• The Right to Self-Preservation: The idea that all individuals possess a fundamental right to defend themselves when faced with an immediate threat to their life or severe bodily harm. While specific laws might regulate the acceptable use of force, the underlying belief that one is justified in protecting oneself is often viewed as an inherent right derived from human nature, rather than a privilege granted solely by the state.

  This demonstrates lex naturale by highlighting a right (self-defense) that is often considered innate and universal, stemming from the very nature of being human, rather than being solely dependent on a government's decree. It suggests a moral imperative that exists independently of positive law.

• Challenging Unjust Laws: During the anti-apartheid movement in South Africa, activists and international observers often argued that the country's segregationist laws, though legally enacted by the government, were fundamentally unjust and violated a higher moral law. They appealed to universal principles of equality, human dignity, and justice that they believed were inherent and applied to all people, regardless of race, thereby challenging the legitimacy of the positive laws of apartheid.

  This example shows lex naturale in action as a basis for challenging man-made laws. The activists appealed to a perceived higher, natural moral order (equality, dignity) that they believed superseded and invalidated the discriminatory positive laws of the time, illustrating the concept that unjust laws are not true laws if they violate fundamental natural principles.