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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]
Iusnaturalism subordinates power to law as well as positive law to higher laws, giving it a more meaningful primordial metanarrative of natural law. [8] One of the fundamental notions of iusnaturalism is that man is free and no one has power over other men or moral power over another without a mutual act of will. [ 5 ]
Natural justice is identified with the two constituents of a fair hearing, [3]: 322 which are the rule against bias (nemo iudex in causa sua, or "no man a judge in his own cause"), and the right to a fair hearing (audi alteram partem, or "hear the other side"). [7] The requirements of natural justice or a duty to act fairly depend on the context.
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. [3] 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 ...
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]
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 Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).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 ...
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.
Norwegian philosopher Henrik Syse claims that global ethics and international justice in the western tradition form part of the tradition of natural law: the topic has been organised and taught within Western culture since Latin times of Middle Stoa and Cicero, and the early Christian philosophers Ambrose and Augustine. Syse states