Natural Law

natural law, theory that some laws are basic and fundamental to human nature and are discoverable by human reason without reference to specific legislative enactments or judicial decisions. Natural law is opposed to positive law, which is human-made, conditioned by history, and subject to continuous change. The concept of natural law originated with the Greeks and received its most important formulation in Stoicism. The Stoics believed that the fundamental moral principles that underlie all the legal systems of different nations were reducible to the dictates of natural law. This idea became particularly important in Roman legal theory, which eventually came to recognize a common code regulating the conduct of all peoples and existing alongside the individual codes of specific places and times (see natural rights). Christian philosophers such as St. Thomas Aquinas perpetuated this idea, asserting that natural law was common to all peoples—Christian and non-Christian alike—while adding that revealed law gave Christians an additional guide for their actions. In modern times, the theory of natural law became the chief basis for the development by Hugo Grotius of the theory of international law. In the 17th cent., such philosophers as Spinoza and G. W. von Leibniz interpreted natural law as the basis of ethics and morality; in the 18th cent. the teachings of Jean Jacques Rousseau, especially as interpreted during the French Revolution, made natural law a basis for democratic and egalitarian principles. The influence of natural law theory declined greatly in the 19th cent. under the impact of positivism, empiricism, and materialism. In the 20th cent., such thinkers as Jacques Maritain saw in natural law a necessary intellectual opposition to totalitarian theories.

See J. Maritain, The Rights of Man and Natural Law (1943, repr. 1971); J. Fuchs, Natural Law (1965); J. Stone, Human Law and Human Justice (1965); A. Battaglia, Toward a Reformulation of Natural Law (1981).

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Selected full-text books and articles on this topic

Natural Law: An Introduction and Re-Examination
Howard P. Kainz.
Open Court, 2004
Reason, Religion, and Natural Law: From Plato to Spinoza
Jonathan A. Jacobs.
Oxford University Press, 2012
Natural Law: An Introduction to Legal Philosophy
A. P. d'entrèves.
Hutchinson University Library, 1951
Common Truths: New Perspectives on Natural Law
Edward B. McLean.
ISI Books, 2000
Natural Law Ethics
Philip E. Devine.
Greenwood Press, 2000
The Sources of Modern International Law
George A. Finch.
William S. Hein, 2000
Librarian’s tip: Chap. II "Natural Law as a Source of International Law"
Natural Law Theories in the Early Enlightenment
T. J. Hochstrasser.
Cambridge University Press, 2000
Nature as Reason: A Thomistic Theory of the Natural Law
Jean Porter.
Eerdmans, 2005
Hobbes and the Law of Nature
Perez Zagorin.
Princeton University Press, 2009
Edmund Burke and the Natural Law
Peter J. Stanlis.
University of Michigan Press, 1958
Rationalization and Natural Law: Max Weber's and Ernst Troeltsch's Interpretation of the Medieval Doctrine of Natural Law
Honnefelder, Ludger.
The Review of Metaphysics, Vol. 49, No. 2, December 1995
Changes of State: Nature and the Limits of the City in Early Modern Natural Law
Annabel S. Brett.
Princeton University Press, 2011
Natural Law Theory: Contemporary Essays
Robert P. George.
Clarendon Press, 1994
The Tradition of Natural Law: A Philosopher's Reflections
Yves R. Simon; Vukan Kuic.
Fordham University Press, 1992
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