Natural Law

Natural law (Latin: ius naturale, lex naturalis) is a philosophy that certain rights are inherent by virtue of human nature and can be understood universally through human reason. Historically, natural law refers to the use of reason to analyze human nature to deduce binding rules of moral behavior. The law of nature, as determined by nature, is universal.

Natural law first appeared in ancient Greek philosophy, considered alluded in the Bible, and subsequently revived and developed in the Middle Ages by Catholic philosophers such as Albert the Great and Thomas Aquinas.

Although natural law is often confused with common law, the two are distinct. Even though natural law theories have exercised a profound influence on the development of English common law, the latter is not based on inherent rights, but is the legal tradition whereby certain rights or values are legally recognized by virtue of already having judicial recognition or articulation. Natural law is often contrasted with the human-made laws (positive law) of a given state, political entity or society. In legal theory, the interpretation of a human-made law requires some reference to natural law. On this understanding of natural law, natural law can be invoked to criticize judicial decisions about what the law says, but not to criticize the best interpretation of the law itself. Some philosophers, jurists and scholars use natural law synonymously with natural justice or natural right (Latin: ius naturale), while others distinguish between natural law and natural right.

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