Key tenets of natural law theory include:
* Existence of inherent moral principles: There's a fundamental order in the universe, reflected in human nature, that dictates what is right and wrong. These principles are not arbitrary creations of human societies.
* Discoverability through reason: Humans, using their rational capacities, can understand and discern these moral principles. This doesn't necessarily mean everyone will agree on the precise application of these principles in every situation, but the principles themselves are believed to be knowable.
* Superiority to positive law: If a positive law conflicts with a natural law principle, the natural law principle should prevail. An unjust law (one violating natural law) is not a true law, and citizens may have a moral obligation to disobey it.
* Universal applicability: Natural law applies equally to everyone, regardless of their location, culture, or beliefs. It provides a common moral framework for all humanity.
Different interpretations: Throughout history, there have been diverse interpretations of natural law, with different philosophers emphasizing different principles. For example:
* Classical natural law (Aristotle, Cicero, Thomas Aquinas): This tradition often focuses on concepts like human flourishing, the common good, and the pursuit of virtue. Aquinas integrated Aristotelian philosophy with Christian theology, emphasizing God as the source of natural law.
* Modern natural law (John Locke, Immanuel Kant): This tradition shifted the focus somewhat, emphasizing individual rights, reason, and the social contract. Locke's ideas significantly influenced the American founding fathers.
Criticisms of natural law theory:
* Subjectivity and relativism: Critics argue that there's no universally agreed-upon set of moral principles, and what constitutes "natural" can be highly subjective and vary across cultures and time periods.
* Enforcement and practicality: The theory struggles to define how to practically enforce natural law, particularly when it conflicts with existing legal systems.
* The is-ought problem (Hume): David Hume argued that one cannot derive "ought" statements (moral obligations) from "is" statements (factual observations about the world). Natural law theory is often accused of making this fallacious leap.
Despite these criticisms, natural law theory remains an influential and enduring school of thought in legal philosophy. It continues to inform discussions about human rights, justice, and the role of law in society. It's important to note that natural law is not a monolithic concept, and understanding its various interpretations is essential for grasping its impact on legal thinking.