Natural law theory
What you need to learn M. Alvi Pratama, M.Phil
Gambaran umum Prinsip utama
Para pemikir
Eternal Plan in the Universe
God’s Plan Human Reason
Good vs Bad, Right vs Wrong
fast facts
Is there anything that is
steady and secure?
Natural law is that "unwritten law" t hat is more or less the sa me for everyone
everywhere.
natural law is “dis covered” by huma ns through the use of reason and choosi ng
between good and evil
natural law finds i ts power in discov ering certain universal s tandards in moral ity
and ethics
METHODOLOGY
TELEOLOGI TELOS
CONSEQUENTIALISM NATURE OBSERVATION
PURPOSIVE
•Teleological view of the universe and human society : regarding the world, especially h uman society, as
having an ultimate purpose, some state of perfection towards which society must inexo rably advance.
Law, as a devise fo r promoting the desired good, is re garded as being a
social necessity.
justice
Rule of Law
Natural Rights
Interconnection on Law and Morality
•Natural Law is
universal, objective, immutable and eternal.
mAIN TENETS
• Doing Good but avoid evil
a) the reference to nature
(physical nature, knowledge or divine will, human reason, understood in the strong and weak sense)
as an objective limitation to the subjective will of man b) connection between law and morals:
-natural law includes (implicitly or explicitly) a reference to ethics (values; good/evil)
-coincidence with ethics/non coincidence (minimal ethics in law)
c) the reference to justice (give each man his own):
equality, fairness, equity justice is/may not be:
(formal) legal validity
(social) social efficacy/effectiveness
a) law cannot be reduced only to positive law or real
law
b) the existence of a law
‘before’, ‘beyond’ and
‘above’ positive or real law
Law is the product of
correct
reasoning.
it was possible to discover through
processes of reasoning and insight
Socrates
Natural Justice vs
Conventional Justice
“all beings by their nature have within themselves inclinations
[or dispositions] which direct them to the end
which is proper to them” (end = good)
Aristotle
for all that is unfair is unlawful,
but not all that is unlawful is unfair
ars boni et
aequi’, ‘iusti et iniusti
scientia
“true law is right
reasoning in agreement with nature: it is of
universal application, unchanging and
everlasting”
CICERO
natural law = the cosmic order created by God;
eternal and unchangeable law; not impersonal and
immanent but personal divine and transcendent (written in
man’s heart)
Summa Theologia Lex Aeterna
Lex Divina Lex Natura Lex Humana
aquinas
the interpretation s:
- law that fails to c onform to natural (or devine) law is not a law at all; an unjust (unreasona ble) law is not a
law
- laws which confl ict with natural law lose their power of binding morally ; it is an abuse of a uthority; lacks
moral obligation
‘corruption of law ’: justification in d isobeying an unjus t
law
Zaman Modern
birth of science: quantitative
(materialistic conception of nature) the passage from a universalistic/
metaphysical to an empirical conception of nature: no values in nature
secularisation of thought (religious pluralism): autonomy in morality
Objective -> Subjective
(natural law is not above man or outside man, but inside man)
Natural Rights
rights are not derivative from natural law but are the underived, primary, and
fundamental moral feature of humanity rationalistic jusnaturalism-> authority
vs individual
is hard, but, •at least in principle, is well-ordered and harmonious.
Kant, perpetual peace & principle of autonomy
natural law = the precept of
sociability
it was possible to discover through process‘reason as if
God were not there’; even if God did not exist, natural law
would have the same
content (certain actions are intrinsically wrong or right)
GROTIUS
natural law = the cosmic order created by God;
eternal and unchangeable law; not impersonal and
immanent but personal divine and transcendent (written in
man’s heart)
State of Nature Social Contract Homo Homini Lupus
Natural Rights Leviathan
hobbes
levi ->
the decline
moralist seek to derive an ‘ought’ from an ‘is’:
facts (nature) cannot be used to determine what ought to be done or not
done; we cannot derive
law from nature
the decline
b) birth of legal positivism:
the codification process (the need for the posivitisation of
rational natural law;
systematisation of medieval law;
formation of the absolute states)
Nurnberg Trials the law is not
necessarily the sole
determinant of what is right
POST WAR recognition of Human Rights
human rights: as (natural) limits/measure of positive law
(political power
theory of
justice: law as interpretation
law includes: rules and principles (meta-rules, moral: justice, fairness =
equality, liberty)
Dworkin
self-evident (not deduced
from human nature)
an accurate description of the facts makes it possible
to assess them correctly natural law as a fundamental
requirement of ethical and practical reason in the protection of ‘fundamental
good
Finnis
Thank you!
Have a good day!
M. Alvi Pratama, M.Phil
@berfilosofi
