Natural Law: An Introduction

Introduction

Governments typically respect certain basic rights, like the right to life, free speech, or private property. But… If the government didn’t recognize these rights, would that translate into a lawless and violent society? What if a state did not exist at all? Does that mean there’s no law, or that we have zero rights?

For hundreds of years, thinkers have tried to answer this problem, attempting to understand the origin of laws and rights that would pre-​date not only the state, but also societies themselves. One popular answer is found in the concept of “Natural Law”: which holds that there are universal laws that all humans are bound to.

Definition

The Natural Law doctrine argues that there are a set of natural principles, based in nature, that all humans and societies are bound to. Not unlike the insights of science, they defend that laws are not invented, but rather discovered or revealed.

Context 

According to professor M. B. Crowe, “natural law, as an idea, is almost as old as philosophy itself.” For example, the Greek philosopher Heraclitus wrote that all the laws of human beings are nourished by one divine law, justifying all human laws as aspects of divine nature.

Plato believed that the law of nature was eternal and immutable, and that we discover its justice principles through reason. Later, the Roman writer and philosopher Cicero argued that “true law” is “right reason” in agreement with nature.

During the Medieval period, Thomas Aquinas was the most well-​known proponent of Natural Law. In Summa Theologiae, Aquinas maintained that Natural Law was part of the eternal law of God, and legal rules (lex) were applications of reason aligned with the Natural Law for the common good.

During the Enlightenment, John Trenchard and Thomas Gordon stated, in one of “Cato’s Letters”, that laws need to be in accordance with nature and reason. If they are not, breaking them is not a crime. By contrast, if an action violates nature and reason, it is a crime, even if there is no law to enforce it. 

While “nature” and “reason” are common to most Natural Law theories, there are many nuances that have emerged over the centuries. For example, some theologians believed that Natural Law is best understood as absolute prescriptions decreed by God, discovered by revelation instead of pure reason. Others, called “traditionalists”, like Aquinas, argued that acting according to Natural Law is akin to moral duties, and freedom as a right not to do what we want, but to do what we “ought” to do. You can read about them, and many more, at Lib​er​tar​i​al​ism​.org. However, for the purpose of this video, we will focus on John Locke’s work on Natural Law.

John Locke

In his famous Second Treatise of Government, Locke theorizes that, to understand the justification and limits of political authority, we need to look at people in the state of nature– that is, before political societies were formed.

For Locke, Natural Law -divine in origin- exists and governs this state of nature. Reason, he thought, lets us discern its principles, which apply to everyone. More specifically, Locke believed that the natural rights derived from this divine law consisted primarily in self-​ownership (or property of our own person). Because of this, when Locke talks about property, he’s not only referring to one’s estate or material things, but also to one’s life and liberty. 

When men leave the state of nature, for example, to form a society, individuals can consent to waiving their private right to act as executors of the law of nature and vest it in a political entity to enforce it. However, if this “government” infringes on these rights it’s supposed to protect, it would lose its claim to authority and could be replaced. If this sounds familiar, it’s because Locke was a big influence on the Founding Fathers during the establishment of the United States. For example, in the Declaration of Independence, we find several references to the concepts we’ve learned today. 

American Founding

“We hold these truths to be self-​evident (revealed themselves through reason), that all men are created equal (natural law bounds all equally), that they are endowed by their Creator (divine in nature) with certain unalienable Rights (inherent to human nature), that among these are Life, Liberty and the pursuit of Happiness… to secure these rights, Governments are instituted among Men (governments are instituted with the role of securing our rights, Locke reference), deriving their just powers from the consent of the governed (we waive our right to self-​enforce natural law, Locke reference)… whenever… Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…(if this institution we consented to goes beyond or does not defend our rights, it is no longer legitimate, Locke reference).” 

Conclusion

In sum, the natural law doctrine maintains that there is a law, based on nature, that all humans and societies are bound to, without the explicit need of consent to recognize them, or a government to enforce them. 

Are all natural law theories theological? Have there been attempts to develop this doctrine without the religious component? The answer is… yes! We invite you to read through our resources, and stay tuned for future videos for answers to these questions, and more! 

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