“Natural Law”
Definition: Natural law is a theory in ethics and philosophy that suggests that there
are inherent moral principles and laws that exist in the universe and are accessible to
human reason. These principles are believed to be universal, unchanging, and
applicable to all human beings, regardless of cultural or societal differences. At its core,
the concept of natural law suggests that certain ethical principles are not simply
products of human invention or societal norms, but rather they stem from a higher
order that governs the universe. It has influenced ethical, philosophical, and legal
discussions throughout history and continues to shape debates about the relationship
between morality, law, and human behavior.
Discovery: The concept of natural law has been present in various civilizations
throughout history. Ancient Greek philosophers such as Aristotle and Stoics like Cicero
proposed that there were fundamental principles governing human behavior that were
rooted in nature. However, the development of natural law as a comprehensive theory
is often attributed to thinkers like Thomas Aquinas in the Middle Ages. Aquinas
synthesized the ideas of ancient philosophers with Christian theology, arguing that
human reason could discern divine principles that guide moral conduct.
Example: An example of natural law can be found in the principle of self-preservation.
This principle suggests that humans have an inherent right to protect themselves from
harm. This concept can be derived from observing nature, where animals often exhibit
behaviors that ensure their survival.
Philippine 1987 Constitution
Natural law suggests that individuals have inherent rights that are not contingent
on human-made laws. In the Philippines, the 1987 Constitution explicitly reflects natural
law principles by recognizing and safeguarding fundamental human rights. Article III of
the Constitution, known as the "Bill of Rights," outlines various rights that are
considered essential to human dignity and are not subject to arbitrary infringement.
The right to life is a prime example. The Constitution states that "No person shall
be deprived of life, liberty, or property without due process of law." This provision
reflects a natural law perspective by acknowledging the intrinsic value of human life and
its protection as a fundamental principle that transcends the authority of any
government or legal system.
Furthermore, the Constitution upholds the right to dignity. The prohibition
against torture, cruel, inhuman, or degrading treatment or punishment (Article III,
Section 12) reinforces the idea that individuals possess inherent dignity that must be
respected by the state and its institutions.
The Philippines' experience with authoritarian rule under martial law, as well as
its struggle for democracy, has highlighted the importance of natural law principles in
protecting human rights. During times of political turmoil, the recognition of inherent
rights grounded in natural law has served as a moral foundation for advocating for
justice, accountability, and the rule of law.
This example underscores how natural law principles can influence the legal and
societal framework of a nation, shaping the values and rights that are considered
inviolable. It also demonstrates the interplay between natural law and human-made
laws, where constitutional protections are designed to reflect and uphold fundamental
moral principles that transcend specific cultural or historical contexts.
Source of Authority
1. Ethics and Morality: Natural law provides a framework for ethical decision-
making. It asserts that there are fundamental moral principles that should guide
human actions. Adherents of natural law theory argue that actions are morally
right when they align with these inherent principles and morally wrong when
they contradict them. Examples of such principles might include the preservation
of life, the pursuit of justice, and the protection of individual rights.
2. Human Rights: Natural law has been foundational in the development and
justification of human rights theories.
3. Legal Philosophy: In jurisprudence, natural law has influenced theories of law
and justice. It suggests that a just legal system should be based on principles
that reflect the inherent moral order.
4. Political Philosophy: Natural law has implications for political philosophy,
particularly in debates about the legitimacy of government and political authority.
5. Medical Ethics: Natural law principles are sometimes invoked in debates about
medical ethics, particularly issues related to the beginning and end of life. For
example, arguments based on natural law might be used to assess the morality
of abortion, euthanasia, or assisted suicide.
6. Environmental Ethics: Natural law can be applied to discussions of environmental
ethics and ecological responsibility. Advocates argue that the natural world has
its own inherent order and value, and human actions should align with the
principles of stewardship and responsible care for the environment.
7. Bioethics: In bioethics, natural law can inform discussions about the morality of
medical and biotechnological interventions. It may be used to assess the ethical
implications of issues like cloning, genetic engineering, and reproductive
technologies.
8. International Relations: Natural law principles have been invoked in discussions
of international relations and the ethics of warfare. Concepts such as "just war
theory" draw on natural law to assess the morality of armed conflicts and the use
of force in international relations.
Its authority is derived from the belief that certain ethical principles are
universally applicable to all human beings, regardless of cultural or societal differences.
Natural law is often associated with ethical and moral truths that transcend human-
made laws.
Genocide as a Violation of Natural Law
The concept of genocide, which is the deliberate and systematic extermination of
a national, ethnic, racial, or religious group, is widely condemned under international
law. Genocide goes against the principles of natural law by violating fundamental rights
and principles inherent to human beings.
The 1948 Convention on the Prevention and Punishment of the Crime of
Genocide, adopted by the United Nations, defines genocide as acts committed with the
intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. This
Convention reflects the natural law perspective that certain acts are so fundamentally
immoral and contrary to human dignity that they should be universally prohibited,
regardless of cultural, historical, or national differences.
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a landmark international document
that articulates a set of fundamental rights and freedoms that are considered inherent
to all human beings. These rights are often seen as reflective of natural law principles,
as they are not contingent on cultural, political, or legal frameworks but are grounded
in the inherent dignity and worth of every individual.
UDHR that exemplify natural law principles include:
1. Article 3: "Everyone has the right to life, liberty and security of person." This
echoes the natural law principle of the inherent value of human life and the right
to be free from arbitrary deprivation.
2. Article 5: "No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment." This aligns with the natural law idea that all
individuals possess inherent dignity that must be respected.
3. Article 7: "All are equal before the law and are entitled without any
discrimination to equal protection of the law." This reflects the natural law
principle of equality and non-discrimination, emphasizing that legal protections
should be universally applied.
4. Article 17: "Everyone has the right to own property alone as well as in
association with others." This upholds the natural law perspective that individuals
have inherent rights to possess property as part of their pursuit of well-being and
happiness.
5. Article 25: "Everyone has the right to a standard of living adequate for the health
and well-being of himself and of his family." This reflects the natural law notion
that basic needs should be met to ensure the dignity and well-being of all
individuals.
The Universal Declaration of Human Rights serves as a global acknowledgment of
certain rights and freedoms that are not only codified in law but also rooted in the
shared understanding of what it means to be human. These principles reflect the moral
foundation of natural law, transcending national borders and cultural differences.
“Human Law”
Definition: Human law, also known as positive law, refers to the set of rules and
regulations that are created by human societies to govern behavior within those
societies. Unlike natural law, human law is not considered universally inherent but
rather a product of cultural, historical, and social contexts.
History: The development of human law can be traced back to ancient civilizations.
Early societies created customary laws based on their traditions and practices. As
societies grew more complex, written legal codes emerged, such as Hammurabi's Code
in ancient Mesopotamia or the Twelve Tables in ancient Rome. These codes
represented early attempts to codify and formalize rules for governing various aspects
of human conduct.
Examples:
England
A notable example of human law is the Magna Carta, established in 1215 in
England. This document limited the powers of the monarchy and established certain
legal rights for subjects. It marked a crucial step toward the recognition of individual
rights and the rule of law.
Republic Act No. 9262
The "Anti-Violence Against Women and Their Children Act of 2004" is a piece of
legislation in the Philippines that addresses domestic violence and provides legal
protections for women and children who are victims of abuse within their families or
intimate relationships.
Convention on the Rights of the Child
The Convention on the Rights of the Child (CRC) is an international treaty that
outlines the rights and protections that should be afforded to children worldwide. The
CRC is a prime example of human law because it is a legally binding instrument
developed through international cooperation and negotiation, rather than deriving from
inherent and universally recognized moral principles.
Source of Authority:
1. Legal Positivism: Legal positivism is a school of thought that asserts that the
authority of human law derives from the fact that it has been created by a
recognized legislative body or authority. According to legal positivism, laws gain
their validity and authority through a formal process of enactment, regardless of
their moral or ethical content. The authority of human law is rooted in the
commands of a sovereign or legitimate law-making institution.
2. Natural Law: Natural law theory posits that the source of authority for human
law is a set of universal moral principles or natural rights that exist independently
of human legislation. According to this view, human laws are valid and
authoritative only to the extent that they align with or reflect these higher moral
principles. The authority of human law is grounded in its conformity to a higher
moral order.
3. Legal Realism: Legal realism, which emerged in the early 20th century,
challenges the idea of law as a fixed set of rules or principles. Instead, it argues
that the authority of human law is often influenced by practical considerations,
social context, and the decisions of judges and legal authorities. Legal realists
emphasize the role of judges and legal practitioners in shaping and interpreting
the law, sometimes in ways that go beyond formal legal texts.
4. Religious Law: In many societies, religious texts and religious authorities play a
significant role in shaping and legitimizing the legal system. For example, in
Islamic law (Sharia), the Quran and Hadith are considered authoritative sources,
and religious scholars interpret and apply these sources to create legal rules.
5. Custom and Tradition: Customary law, often found in indigenous or traditional
societies, derives its authority from long-standing customs and practices within a
particular community. These customs are considered binding and authoritative,
even in the absence of formal legislation.
6. Constitutionalism: In many modern democracies, constitutions serve as the
supreme source of legal authority. Constitutions establish the framework for
government, delineate the powers and rights of citizens, and often include
mechanisms for amending the constitution itself. The authority of laws within
such systems derives from their alignment with the constitution.
7. International Law: International law derives its authority from treaties,
agreements, and conventions entered into by sovereign states. International
organizations, such as the United Nations, also play a role in establishing and
enforcing international legal norms.
8. Legal Pluralism: In some societies, especially those with diverse cultural or ethnic
communities, legal pluralism is recognized. This means that multiple legal
systems or sources of authority coexist and may apply to different aspects of
individuals' lives. The authority of these legal systems may be recognized based
on cultural, religious, or customary factors.
Human Law: Its authority comes from the legal institutions and governing bodies
that enact and enforce it. Human laws can vary significantly across different cultures,
societies, and historical periods.
Relationship between human law and Natural Law
The relationship between natural law and human law has been a subject of debate
throughout history and has influenced the development of legal systems.
1. Incorporation: Some legal systems incorporate elements of natural law into
their human-made laws. For instance, many modern legal systems recognize
certain inherent human rights, such as the right to life and the right to a fair trial.
2. Conflict: There can be conflicts between natural law and human law. If a law is
perceived as violating fundamental natural law principles, some argue that it may
be morally justifiable to disobey or challenge that law.
3. Foundation: Natural law has sometimes been used as a philosophical
foundation for critiquing and shaping human law. Legal philosophers like John
Locke and Thomas Jefferson drew on natural law ideas when formulating the
principles of government and individual rights in documents like the United
States Declaration of Independence.
4. Interpretation: The relationship between natural law and human law also
involves how legal principles are interpreted. Legal scholars and judges may refer
to natural law concepts when interpreting ambiguous laws or deciding cases
where there are ethical considerations.
In conclusion, natural law and human law are two distinct but interconnected concepts
in legal philosophy. Natural law provides a moral framework that is believed to be
inherent and universal, while human law is the product of societies' historical, cultural,
and social contexts.
Application involving a scenario of Human Law and Natural Law Relationship
The Right to Freedom of Speech
In a democratic country, a controversial piece of legislation known as the "Free
Expression Regulation Act" is proposed by the government. This law seeks to impose
strict restrictions on freedom of speech, particularly when it comes to expressing views
that some consider offensive or morally objectionable.
Application of Human Law: The government asserts its authority to pass and enforce
the Free Expression Regulation Act, arguing that it is necessary to maintain public order
and protect citizens from harm. The law passes through the legislative process and
becomes part of the legal framework.
Application of Natural Law: However, this law sparks a vigorous public debate about its
morality and its alignment with natural law principles. Advocates for natural law argue
that freedom of speech is a fundamental human right, rooted in the innate human
capacity for reason and expression. They contend that restricting this right goes against
the inherent dignity of individuals and the natural law principle of respecting human
autonomy.
Conflict and Ethical Dilemma: As the law takes effect, citizens and legal scholars grapple
with an ethical dilemma. While the Free Expression Regulation Act is a valid human law,
many believe it violates the higher moral principles inherent in natural law. Protests,
civil disobedience, and legal challenges mount as people confront the tension between
the legality of the law and their perception of its immorality.
Resolution: The scenario illustrates the complex relationship between human law and
natural law. While the government has the legal authority to enact and enforce the law,
individuals and civil society organizations may continue to advocate for its repeal or
amendment based on their belief in the inherent moral principles of natural law. This
scenario highlights the ongoing interplay between the two legal philosophies and the
ethical considerations that arise when they come into conflict.
