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Natural law [1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
Natural law is the law of natural rights. Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman ...
Proponents of rights of nature argue that, just as human rights have been recognized increasingly in law, so should nature's rights be recognized and incorporated into human ethics and laws. [2] This claim is underpinned by two lines of reasoning: that the same ethics that justify human rights, also justify nature's rights, and, that humans ...
Iusnaturalism is associated with the notion of natural law proposed by Thomas Hobbes, John Locke, Baruch Spinoza, and Samuel von Pufendorf. [5] It emerged from the view that emphasizes how the ideas of nature and divinity or reason are the sources of the validity of natural and positive laws. [5]
The Ethics of Liberty is a 1982 book by American philosopher and economist Murray N. Rothbard, [1] in which the author expounds a libertarian political position. [2] Rothbard's argument is based on a form of natural law ethics, [ 3 ] and makes a case for anarcho-capitalism .
Hume's law or Hume's guillotine [1] is the thesis that an ethical or judgmental conclusion cannot be inferred from purely descriptive factual statements. [ 2 ] A similar view is defended by G. E. Moore 's open-question argument , intended to refute any identification of moral properties with natural properties , which is asserted by ethical ...
Natural law theories base human rights on a "natural" moral, religious or even biological order that is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle , posited the existence of natural justice or natural right (δίκαιον φυσικόν dikaion physikon ; Latin ius naturale ).
In philosophy, the natural order is the moral source from which natural law seeks to derive its authority. Natural order encompasses the natural relations of beings to one another in the absence of law, which natural law attempts to reinforce. In contrast, divine law seeks authority from God, and positive law seeks authority from government.