natural law theory

natural law theory
The view of the status of law and morality especially associated with Aquinas and the subsequent scholastic tradition. More widely, any attempt to cement the moral and legal order together with the nature of the cosmos or the nature of human beings, in which sense it is also found in some Protestant writers, and arguably derivative from a Platonic view of ethics, and implicit in ancient Stoicism . Law stands above and apart from the activities of human lawmakers; it constitutes an objective set of principles that can be seen true by ‘natural light’ or reason, and (in religious versions of the theory) that express God's will for creation. Non-religious versions of the theory substitute objective conditions for human flourishing as the source of constraints upon permissible actions and social arrangements. Within the natural law tradition, different views have been held about the relationship between the rule of law and God's will: Grotius, for instance, sides with the view that the content of natural law is independent of any will, including that of God, whilst Pufendorf takes the opposite view, thereby facing the problems of one horn of the Euthyphro dilemma . In modern writers the natural law tradition may either assume a stronger form, in which it is claimed that various facts entail values, or a weaker form, which confines itself to holding that reason by itself is capable of discerning moral requirements. As in the ethics of Kant, these requirements are supposed binding on all human beings, regardless of their desires. See also categorical imperative, nature, synderesis.

Philosophy dictionary. . 2011.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • natural law — n: a body of law or a specific principle of law that is held to be derived from nature and binding upon human society in the absence of or in addition to positive law ◇ While natural law, based on a notion of timeless order, does not receive as… …   Law dictionary

  • Natural law — For other uses, see Natural law (disambiguation). Natural law, or the law of nature (Latin: lex naturalis), is any system of law which is purportedly determined by nature, and thus universal.[1] Classically, natural law refers to the use of… …   Wikipedia

  • Natural Law — • In English this term is frequently employed as equivalent to the laws of nature, meaning the order which governs the activities of the material universe. Among the Roman jurists natural law designated those instincts and emotions common to man… …   Catholic encyclopedia

  • Natural-law argument — for the existence of God was especially popular in the eighteenth century as a result of the influence of Sir Isaac Newton. Observers concluded that things are the way they are because God intended them to be that way, though He operated outside… …   Wikipedia

  • natural law — a principle or body of laws considered as derived from nature, right reason, or religion and as ethically binding in human society. Cf. positive law. [1350 1400; ME] * * * In jurisprudence and political philosophy, a system of right or justice… …   Universalium

  • Natural Law — A set of rules inherent in human behavior and human reasoning that governs human conduct. Natural law is preexisting and is not created in courts by judges. Philosophers and theologians throughout history have differed in their interpretations of …   Investment dictionary

  • natural law — The ambiguity of the term natural law rests upon a metaphorical link between regularities in nature and the authoritative regulation of human activity. In its latter use, ‘natural law’ refers to principles of law and morality, supposedly… …   Dictionary of sociology

  • Competition law theory — covers the strands of thought relating to competition law or antitrust policy. Contents 1 Classical perspective 2 Neo classical synthesis 3 Chicago School 4 Othe …   Wikipedia

  • natural law — noun An ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. See Also: physical law …   Wiktionary

  • law, philosophy of — Introduction       the formulation of concepts and theories to aid in understanding the nature of law, the sources of its authority, and its role in society. In English speaking countries the term “jurisprudence” is often used synonymously and is …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”