WHAT IS NATURAL LAW?
A good way to start this introduction is with a
definition, as making something finite (de-fining it) makes it easier to
perceive. However, I would like to first point to the necessary differentiation
between Natural Law and: positive or statutory laws; laws of nature; and the
consequential derivation of natural rights. All those three will be talked to
extensively in this blog, nonetheless, it is important to keep in mind that
while they all contribute to and contain in themselves the meaning of Natural Law, this concept is much more than what these ideas can express. That is the
reason why, in finding a definition for the term ‘law’ later on, it will not
suffice with either the legal definition nor with the physics definition; and,
as we shall see, we will have to adventure into finding one that complements
both assertions but that is not reduced to either.
The word natural as an adjective means: "existing in or derived from nature; not made or caused by humankind" or "in accordance with the nature of, or circumstances surrounding, someone or something". As a noun (i.e. being a natural), it supposes something innate; born with a talent or a skill. As an adverb (i.e. naturally), it entails something honest about it, implies an alignment with one's or the thing's true nature.
Francisco Tomás Verdú (2011) explains that:
“the term
nature comes from the Egyptian word ntr and it means God. Later on, the Greeks
identified the divine thing with the goddess of nature Isis creating the term
Phisis and later the Romans denominated [it] Nature”.
From this etymological origin of the term, one can
extract a higher dimension to the word than the one proposed nowadays, which
implies something purely of the material realm. This origin provides it a
spiritual or divine dimension. This dimension unifies the physical domain with
the psychical domain; the material one with the spiritual one.
Now let’s turn to the term law. A quick search for the definition of the term will give multiple results all pointing to the authority of the legal system, of rules which are given legitimacy by society. But if the word 'law' is interchangeable with the terms 'norm' or 'rule' as such legal definitions seem to imple, wouldn't one word suffice to conceptualise that idea? Is it really the case that those three terms are synonyms? And even more, why call the laws that govern behaviour 'laws' if they have nothing to do with the laws of physics?
When referred to the laws of physics, the definition goes like this: "a statement of fact, deduced from observation, to the effect that a particular natural or scientific phenomenon always occurs if certain conditions are present". It is pointing us towards the scientific, objective reality because the term here is supposed to be located in the physical and observable realm. It is, therefore, 'an objective and observable fact of a phenomenon which has to be always occurring'.
Could I, perhaps, dare to unify or transfer the physical to the psychical again and provide yet another definition of the wider term 'law' which might satisfy such a demand? Mark Passio (2014) proposes that a law is: "an existing condition which is binding and immutable". This one seems to properly define and delimit the matter at hand as if laws are derived from nature and not from men, it means that a law has to be binding as the physical ones are.
Law of Nature. the law of nature is that which God, the sovereign of the universe, has prescribed to all men.. by the internal dictate of reason alone. [Bouvier's Law Dictionary, 1856.]
So, when attempting at defining the idea of Natural Law merging both definitions together, we should have something like 'a binding and immutable condition which is inherent and/or derived solely from nature'. This definition inevitably leads us to the first philosopher claimed to have brought about the essence of Natural Law: Marcus Tullius Cicero (106 BC-43BC). Cicero wrote extensively about it; he understood this law to be found in conjuction with recta ratio (right reason) and inherent in nature. Such was the case, that Cicero explains in 'De Re Publica' that:
"whoever disobedient is fleeing from himself and denying his human nature, and by reason of this very fact, he will suffer the worst penalties, even if he escapes what is commonly considered punishment".
This statement is often cited as 'disobeying this Law is to despise human nature' and if we comprehend Natural Law as the forever binding condition in nature, it follows that transgressing it is to go against nature.
Natural Law is Justice, it Just is.
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