Natural Law Analysis (Essay Sample)

Critical Analysis Paper Student’s Name Institutional Affiliation Critical Analysis Paper Introduction Natural law is the greater law of nature that encompasses unwritten laws sourced from the Supreme Being himself (Chausaria and Sharma, 2023). This type of law has epistemological, political, psychological, and juridicial-theoretical points of view, moreover, it is applied irrespective of cultural, moral, or ethnic differences (Ross, 2019). The concept of natural law refers to rules and regulations that evolved from a divine origin to keep society in order and to restrain people from certain behaviors (Chausaria and Sharma, 2023). Natural law is innate to the nature of man and is not malleable by customary values, statutes, or convention, therefore, it is pliable to different functions throughout history. Background The natural law has certain precepts that dictate to humans with a properly functioning intellect and sense of worldly experience that participation in the eternal law is necessary, regardless of any reception of their divine revelation (D’Andrea, 2021). The concept of natural law has been resilient through several historical periods. According to Chausaria and Sharma (2023), natural law manifested in the ancient period, medieval period, renaissance period, 19th century, and 20th century. In the ancient period, the Greek and Roman philosophers played an integral role in acknowledging the importance of rationality in implementing laws; they emphasized the correlation between law, justice, and ethics (Chausaria and Sharma, 2023). During the medieval period, Catholic philosophers and logicians contributed to the logical foundation of natural law (Chausaria and Sharma, 2023). According to Aquinas, natural law develops inherently and helps people manage their activities and relationships (Chausaria and Sharma, 2023). However, the Church’s supremacy over the state was emphasized during the Middle Ages. This society’s dynamics quickly changed during the period of Renaissance; due to the accumulation of more knowledge, the people advocated for an increased state’s control over societal activities. This led to the development of a Social Contract as the foundation of society (Chausaria and Sharma, 2023). Different philosophers established various perspectives of social contract; Grotius was a pioneer in the development of international law, Hobbes inspired utilitarianism, materialism, and absolutism, and Locke stressed the importance of the right to life, right to liberty, and right to property (Chausaria and Sharma, 2023). In modern times, the principles of natural law was relegated by the significant economic and political changes that took place in the 19th Century (Ross, 2019). However, Chausaria and Sharma states that the natural law theory was revived in the 20th Century due to the following factors; - The development of legal theories that emphasized the importance of positive law. -The inability of positivist theory to address serious social issues. - Fascist ideology. - The realization that abstract thoughts can be useful. According to Juridico-theoretical analysis, rationalism transformed natural law from moral rules to a legal discipline, facilitating the concept of natural law as a set of natural rights that are above or behind positive rights (Ross, 2019). Today, natural law is recognized as an exemplary source of law with comprehensive contents. Furthermore, Chausaria and Sharma (2023) highlight the following as attributes of natural law; 1 It encompasses the value of logical reasoning, justice, morality, and ethics, which establishes a common foundation of legal or ethical philosophy. 2 It signifies the moral notions of universal acceptance and applicability. 3 Natural law explains that law is rational and reasonable, and was developed from the logical evolution of morals. This means that activities that are morally wrong are against the law. 4 The development of human rights jurisprudence and the fundamental human rights of individuals can be attributed to natural law. 5 Natural law forms the basis of the rule of law within the legal systems of many developed countries. The concepts of natural law are very evident in the principles of the United Kingdom’s English law. Legal principles such as equity, trust, and the ideals of innate rights were developed from natural law theory (Ross, 2019). In addition, foreign diplomacy, as well as, judicial pre-eminence over administrative decisions are rooted in the concept of natural law. In the United States’ legal system, natural law theory has influenced right to life, liberty and equality (Chausaria and Sharma, 2023). Natural law also established the ‘Due Process’ ideaology of the constitution, as well as, the superior authority of the United States Supreme Court (Chausaria and Sharma, 2023). Natural law is the basis of the justification of fundamental human rights. Implications for Contemporary Legal and Societal Issues The positive influence of natural law on legal systems around the world continues to grow. According to Olukayode (2018), natural law theory has been applied to shape and design the nature and general direction of most legal systems. Natural law has been applied to check and balance the principles of natural justice, as well as, the rigidity of the English common law (Olukayode, 2018). In a bid to strengthen human rights and promote legal ethics, the United Nations declared certain fundamental human rights of persons to safeguard humanity. These rights were developed from the principles of natural law. Natural law forms a body of ethical precepts that are applied to maintain natural order and a universal moral foundation. Natural law also highlights the moral obligation to protect the environment, and it has been used to facilitate the ethical aspects of international environmental policies in contemporary times. According to Mckee (n.d), natural law provides standards for implementing the moral basis of actions and legislation; issues such as the right to life, liberty, equity, and ethical governance are often explored and analyzed through the perspective of natural law. Natural law offers a platform for forming opinions and arguing against discriminatory or inhumane treatment within society. Natural law has been the basis of international law policies due to the common moral foundation it provides for nations of the world. Natural law theory implies that ...