Legal Definitions - Natural law

Natural law refers to a philosophical theory that posits the existence of universal moral and legal principles inherent in human nature and discoverable through human reason.

These principles are believed to exist independently of any laws created by governments or human societies. Proponents of natural law argue that human-made laws (often called positive law) should ideally align with these fundamental, universal truths. If a human-made law contradicts natural law, it might be considered unjust or illegitimate by this theory.

• Universal Human Rights: Imagine a country that enacts a law allowing its government to arbitrarily imprison citizens without charge or trial. From a natural law perspective, this law would be seen as fundamentally unjust because it violates an inherent, universal right to liberty and due process that all individuals possess, regardless of their nationality or the specific laws of their country. The argument is that this right exists simply because one is human, not because a government granted it.
• The Right to Self-Defense: Consider a situation where an individual uses reasonable force to protect themselves from an unprovoked, life-threatening attack. Even if specific statutes in their jurisdiction don't explicitly detail every possible scenario of self-defense, the idea that one has an inherent right to preserve their own life is often cited as a natural law principle. This suggests that the right to self-preservation is a fundamental moral truth that human legal systems should recognize and uphold.
• Prohibition of Slavery: Historically, many societies had laws that permitted and regulated slavery. However, the modern universal condemnation of slavery is often rooted in natural law thinking. The argument is that slavery is inherently wrong because it violates the fundamental dignity, autonomy, and freedom of every human being—principles that are believed to be universal and discoverable through reason, irrespective of any specific legal code that might have once allowed it.