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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 Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).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 ...
Hugo Grotius, a Dutch jurist and scholar, is an iusnaturalist author, who maintained that rights are innate potestas of the human being and do not arise out of law. [1] Jusnaturalism or iusnaturalism is a theory of law, which holds that legal norms follow a human universal knowledge on justice and harmony of relations. [2]
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 ...
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]
Legal naturalism is a term coined by Olufemi Taiwo to describe a current in the social philosophy of Karl Marx which can be interpreted as one of natural law. Taiwo considered it the manifestation of Natural Law in a dialectical materialist context. The concept recognizes the existence of legal priorities or principles, which form an intrinsic ...
Justice in its broadest sense is the concept that individuals are to be treated in a manner that is fair. According to the Stanford Encyclopedia of Philosophy, the most plausible candidate for a core definition comes from the Institutes of Justinian, a codification of Roman Law from the sixth century AD, where justice is defined as "the constant and perpetual will to render to each his due".
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 .