Meaning of natural law (what is it, concept and definition)

What is Natural Law:

Natural law is a term that is made up of various legal theories, and the concepts of ethics and morals that are related to the notion of natural law and universal law.

The word natural law derives from the Latin ius -, which means "right", naturalis , which refers to "nature", and from the suffix - ism , which means "doctrine".

Therefore, natural law is a philosophical doctrine whose theory starts from the existence of a series of rights that are proper and intrinsic to human nature.

This doctrine supports the idea that there are a series of rights that are proper to the human being, without any distinction whatsoever, and that are prior to human rights and natural rights established as part of a social order.

These rights are related to ethics and morals, understood as those rules of good customs that we all know and must comply with.

Likewise, natural law affirms that positive laws, those that govern the norms of a State, are also related to natural law that, in one way or another, seeks to impose the order of human existence and justice in a coherent way.

In other words, natural law is governed by the principles that start from the universal character that universal rights have, is rational and seeks the general welfare of society. Contradicting these rights would be illegal and an injustice.

Among its main representatives we can mention the following thinkers and theorists such as Plato in the 4th century BC, Thomas Aquinas in the Middle Ages, Hugo Grocio who made the difference between classical natural law and modern natural law, Thomas Hobbes in the seventeenth century, among others.

Characteristics of natural law

Below are the main ones of natural law:

• Its objective is to determine the norms that can be part of the law as an ethical and moral guide. This doctrine of law starts from the nature of the human being itself and from its rationality. It is inalienable, that is, it is superior and prior to creation of the State. Seeks common welfare. It is universal. It is inherent to the human being without any distinction. By their nature, these principles do not have to be drafted or embodied in a legal system, as in the case of natural law.

Natural law and iuspositivism

Natural law is a philosophical and legal doctrine through which norms or rights are considered to be proper to the nature of the human being and prior to any established right. They are part of natural law.

For its part, iuspositivism is opposed to natural law and defines that the origin of law is the law, so it does not admit any idea prior to it.

See also:

• Natural Law, Positive Law, Justice.