Natural law

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Natural law is a philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source—and that these can be understood universally through human reason. As determined by nature, the law of nature is implied to be objective and universal; it exists independently of human understanding, and of the positive law of a given state, political order, legislature or society at large.

History

The concept of natural law has taken several forms. The idea began in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was fastened to the theology of the early Christian writers, and subsequent development in the Middle Ages by Catholic Thomas Aquinas. The concept was central to American and English Enlightenment thinkers like Thomas Hobbes and Samuel Pufendorf.

Modern natural law

Modern natural law theories were greatly developed in the Age of Enlightenment, combining inspiration from Roman law with philosophies like social contract theory. It was integral to the American and French revolutions and remains influential today in human rights and international law.

Criticism

Natural law theory has been criticized by several philosophers, including David Hume and Jeremy Bentham. The utilitarian Bentham stated, "rights is the child of law; from real laws come real rights; but from imaginary laws, from 'laws of nature', come imaginary rights."

See also

References


External links

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  • Natural law

  • Plato and Aristotle

  • Cicero

  • Thomas Hobbes

  • Albericus Gentilis

  • Hugo Grotius

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