Natural Law

 

alt Natural Law
Ilustration: corporate finance institute

Natural law (Latin: ius nature, lex naturalis) is a system of law based on a nearby observation of human nature, and based on intrinsic values ​​to human nature that can be deduced and applied independently of positive law (laws you express promulgated from a State or society). According to the theory of natural law, all people have inherent rights, not by act of legislation but by "God, nature or reason." The theory of natural law can also refer to "theories of ethics, politics theories, civil law theories and theories of religious morality."


In the western tradition it was anticipated by pre-social, for example, in their search for principles that ruled the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and Cicero was mentioned in the ancient Roman philosophy. The references to this are also found in the Old and New Testament of the Bible, and were then exposed in the Middle Ages by Christian philosophers such as Albert El Grande and Thomas Aquinas. The Salamanca School made notable contributions during the Renaissance.


Although the central ideas of natural law had been part of Christian thought since the Roman Empire, the basis for natural law as a consistent system were established by Aquino, since it synthesized ideas of their predecessors and condensed them in their "lex naturalis" (Illuminated. "The natural law"). St. Thomas argues that because human beings are right, and because reason is a spark of the divine (see image of God), all human lives are sacred and infinite compared to any created object, which means that All humans are fundamentally equal and granted with an intrinsic basic set of rights that no human can eliminate.


The theories of modern natural law took shape in the era of lighting, combining inspiration of Roman law, Christian school philosophy and contemporary concepts such as social contract theory. It was used to challenge the theory of divine law of the Kings, and became an alternative justification for the establishment of a social contract, positive law and government and, therefore, legal rights, in the form of classical republicanism. In the first decades of the 21st century, the concept of natural law is closely related to the concept of natural rights. In fact, many philosophers, jurists and academics use the natural law synonymous with natural rights (Latin: natural), or natural justice, although others distinguish between natural law and natural law.


Due to the intersection between natural law and natural rights, natural law has been claimed or attributed as a key component in the Abjuration Law (1581) of the Netherlands, the declaration of independence (1776) of the United States, The Declaration of the Rights of Man and the Citizen (1789) of France, the Universal Declaration of Human Rights (1948) of the United Nations, as well as the European Convention on Human Rights (1953) of the Council of Europe.


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