Natural law, or the law of nature , 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 from it. Natural law is classically contrasted with the positive law of a given political community, society, or state, and thus serves as a standard by which to criticize said positive law. In legal theory, on the other hand, the interpretation of positive 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 scholars use natural law synonymously with natural justice or natural right , while others distinguish between natural law and natural right. Although natural law is often conflated with common law, the two are distinct in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation Natural law theories have, however, exercised a profound influence on the development of common law, , as well as in the Declaration of the Rights of Man and of the Citizen.
Posted on: Thu, 12 Sep 2013 06:23:49 +0000
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