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New Natural Law (NNL) theory or New Classical Natural Law theory is an approach to natural law ethics and jurisprudence based on a reinterpretation of the writings of Thomas Aquinas. [1] The approach began in the 1960s with the work of Germain Grisez and has since been developed by John Finnis , Joseph Boyle and others.
Plato did not have an explicit theory of natural law (he rarely used the phrase "natural law" except in Gorgias 484 and Timaeus 83e), but his concept of nature, according to John Wild, contains some of the elements of many natural law theories. [16] According to Plato, we live in an orderly universe. [17]
Labor theory of property; Law as integrity; Legal formalism; Legal moralism; Legal origins theory; Legal pluralism; Legal positivism; Legal realism; Legalism (Chinese philosophy) Legalism (theology) Legalism (Western philosophy) Liberal legalism; Libertarian theories of law
Sophisticated positivist and natural law theories sometimes resemble each other and may have certain points in common. Identifying a particular theorist as a positivist or a natural law theorist sometimes involves matters of emphasis and degree, and the particular influences on the theorist's work.
[citation needed] Some defenders of natural rights theory, however, counter that the term "natural" in "natural rights" is contrasted with "artificial" rather than referring to nature. John Finnis, for example, contends that natural law and natural rights are derived from self-evident principles, not from speculative principles or from facts. [37]
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
John Locke incorporated natural law into many of his theories and philosophy, especially in Two Treatises of Government. Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one.
According to Andrew Sullivan, Finnis has articulated "an intelligible and subtle account of homosexuality" based on the new natural law, a less biologically based version of natural law theory. Finnis argues that the state should deter public approval of homosexual behaviour while refusing to persecute individuals on the basis of their sexual ...