natural law theory
Natural Law Theory
What is the natural law theory? Do man-made laws correspond to natural laws? Let's find out all about this theory and how it correlates with man-made laws of the world...
- Natural laws are Cosmic laws that are not made by humans.
- These laws may not be specifically taught to us but are felt by all at a subconscious level, as if genetically programmed in our psyche. For instance, whether or not specified by law, we are all aware that murder is not fair!
- These laws apply to all human beings at all times, irrespective of Nature imparted differences like gender and race or man-made categorizations like religion, region, culture, caste, creed, language, etc.
- Natural laws are, as such, moral codes which we collectively know as the conscience. Anything which does not conform to these codes comes across as immoral or unfair and all human beings, possessing average intelligence and emotional quotients, when faced with the commission of such unfair acts suffer from what we call a guilty conscience, whether or not we admit it.
- In ancient times, the validity and righteousness of the positive laws of some of the most glorious civilizations, such as the Greeks, were tested by pitching them against and comparing them with the natural laws. While drafting the laws of any nation, effort was always made to conform the positive laws as close to the natural laws as possible.
- ....every man ought to endeavor peace, as far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use all helps and advantages of war.
- ...a man be willing, when others are so too, as far forth, as for peace, and defense of himself he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men, as he would allow other men against himself.
- ...men perform their covenants made.
- ...a man which receiveth benefit from another of mere grace, endeavor that he which giveth it, have no reasonable cause to repent him of his good will.
- ...every man strive to accommodate himself to the rest.
- ...upon caution of the future time, a man ought to pardon the offences past of them that repenting, desire it.
- ...in revenges, men look not at the greatness of the evil past, but the greatness of the good to follow.
- ...no man by deed, word, countenance, or gesture, declare hatred or contempt of another.
- ...every man acknowledge another for his equal by nature.
- ...at the entrance into the conditions of peace, no man require to reserve to himself any right, which he is not content should be reserved to every one of the rest.
- ...if a man be trusted to judge between man and man, that he deal equally between them.
- ...such things as cannot be divided, be enjoyed in common, if it can be; and if the quantity of the thing permit, without stint; otherwise proportionably to the number of them that have right.
- ...the entire right, or else...the first possession... of any object which ...can neither be divided nor enjoyed in common... may be decided upon by a method of lottery.
- ...those things which cannot be enjoyed in common, nor divided, ought to be adjudged to the first possessor; and in some cases to the first born, as acquired by lot.
- ...all men that mediate peace be allowed safe conduct.
- ...they that are at controversie, submit their Right to the judgment of an Arbitrator.
- ...no man is a fit Arbitrator in his own cause.
- It is immoral/ incorrect for any person to take upon the responsibility of a judge in any case in which greater profit, or honor, or pleasure apparently ariseth [for him] out of the victory of one party, than of the other.
- In case of a dispute regarding the facts of the case, it is the duty of the judge to give equal weight to the testimony of both parties. In the absence of adequate evidence, such a judge should pass verdict on the case based upon the testimony of other witnesses.