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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]
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 ...
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 Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).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 ...
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 ).
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 ...
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]
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Legalism, in the Western sense, is the ethical attitude that holds moral conduct as a matter of rule following. [1] It is an approach to the analysis of legal questions characterized by abstract logical reasoning focusing on the applicable legal text, such as a constitution, legislation, or case law, rather than on the social, economic, or political context.