Natural Law
Natural law, or the law of nature (Latin: lex naturalis), is a system of law that is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature—both social and personal—and deduce binding rules of moral behavior. Natural law is contrasted with the positive law (meaning "man-made law", not "good law"; cf. posit) of a given political community, society, or nation-state, and thus serves as a standard by which to criticize said positive law. According to natural law theory, which holds that morality is a function of human nature and reason can discover valid moral principles by looking at the nature of humanity in society, the content of positive law cannot be known without some reference to natural law. Used in this way, natural law can be invoked to criticize decisions about the statutes, but less so to criticize the law itself. Some use natural law synonymously with natural justice or natural right (Latin ius naturale)
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Some articles on natural law:
... This law-related article does not cite its references or sources ... citations, which can be found through legal research In jurisprudence, natural law can refer to the several doctrines That just laws are immanent in nature that is, they can be "discovered" or "found ... that they rely on inherence as opposed to design in finding just laws ...
... Judges don’t rely on natural law, but rather legal positivism combined with general principles of law ... Other principles are equity and fairness, general principles of law, etc ...
... is a minor political ideology and legal system which believes that there is a natural law, just and obvious to all, that crosses ideologies, faiths and ... naturalism's believe that the precision of natural sciences can be applied to social sciences, and hence to practical social activities like politics ... It may be seen as a natural law-based version of legalism/constitutionalism (especially of prescriptive constitutionalism, in the way it tries, idealistically, to ...
... to a naturalist philosophy and believe that Nature is governed by laws which are immutable, that is, they are "unchanging, unbending and unyielding." They theorize that one of the inexorable of the "laws of Nature ... Whether we look at the species of mice or rabbits or cats in their natural habitat, they claim, we find that they have been segregated into dozens of different species, each ... has its "peculiar means of protection, of mating, of propagation." Each has its natural enemies ...
... Martens Clause was introduced into the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land ... Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them ... — Convention with respect to the laws of war on land (Hague II), 29 July 1899 ...
Famous quotes containing the words law and/or natural:
“War is thus divine in itself, since it is a law of the world. War is divine through its consequences of a supernatural nature which are as much general as particular.... War is divine in the mysterious glory that surrounds it and in the no less inexplicable attraction that draws us to it.... War is divine by the manner in which it breaks out.”
—Joseph De Maistre (1753–1821)
“Show me one thing here on earth which has begun well and not ended badly. The proudest palpitations are engulfed in a sewer, where they cease throbbing, as though having reached their natural term: this downfall constitutes the heart’s drama and the negative meaning of history.”
—E.M. Cioran (b. 1911)