Natural Law
The Roman philosopher Cicero, neither a Jew or Christian made many
observations on natural law, and was often cited by the founding fathers
in their writings. The fundamental key point he espouses is that
reason is unique to human beings and akin to the reasoning power of his
Creator. Animals do not share the same our reasoning capabilities.
Between man and other creatures there is a gigantic gap insofar as
mental processes is concerned.
We make laws to inflict punishment and
protect the good, but those laws we make are made in order to bring what
we see in Nature in harmony with what Nature should be. If that was
not the case, and in fact we make law unto ourselves, why then do we not
see laws that ordain what is bad such as rape, murder, stealing, etc?
Yes, we have had periods of time when laws have been passed that made
such actions legal (ie Germany in WWII), but when history is taken as a
whole, these periods of time are viewed by humans as evil and contrary
to 'right reason.'
We constantly appeal to nature's law when we write
our own laws, that is what Cicero is getting at. Cicero further makes
the point that Justice can never be achieved through laws that are
passed in violation of standards set up under the laws of Nature.
I would also say in concurrence with Cicero's observations that the
conscience bears witness to that truth, that their is a natural law that
governs the universe, which is why we feel guilt or shame when we do
commit certain acts of violence.
Cicero Quotes:
-
No un-just laws are passed:
“But if the principles of justice were founded on the
decrees of peoples, the edicts of princes, or the decisions of judges,
then Justice would sanction robbery and adultery and forgery of wills,
in case these acts were approved by the votes or decrees of the
populace. But if so great a power belongs to the decisions and decrees
of fools that the laws of Nature can be changed by their votes, then why
do they not ordain that what is bad and baneful shall be considered
good and salutary? Or, if a law can make justice out of injustice, can
it not also make good out of bad?
- Natural Law defined by Cicero:
“The animal which we call man, endowed
with foresight and quick intelligence, complex, keen, possessing memory,
full of reason and prudence, has been given a certain distinguished
status by the Supreme God who created him; for he is the only one among
so many different kinds and varieties of living beings who has a share
in reason and thought while all the rest are deprived of it. But what
is more divine, I will not say in man only, but in all heaven and earth,
than reason? And reason, when it is full grown and perfected, is
rightly called wisdom. Therefore, since there is nothing better than
reason, and since it exists both in man and God, the first common
possession of man and God is reason. But those who have reason in
common must also have right reason in common. And since right reason is
Law, we must believe that men have Law also in common with the gods.
Further, those who share Law must also share Justice; and those who
share these are to be regarded as members of the same commonwealth. If
indeed they obey the same authorities and powers, this is true in a far
greater degree; but as a matter of fact they do obey this celestial
system, the divine mind, and of the God of transcendent power. Hence we
must now conceive of this whole universe as one commonwealth of which
both gods and men are members.”
- Cicero: True law=Natural Law
"True law is right reason in agreement with nature; it is of universal
application, unchanging and everlasting; it summons to duty by its
commands, and averts from wrong-doing by its prohibitions. And it does
not lay its commands or prohibitions upon good men in vain, though
neither have any effect on the wicked. It is a sin to try to
alter this law, nor is it allowable to attempt to repeal any part of it,
and it is impossible to abolish it entirely. We cannot be freed from
its obligations by senate or people, and we need not look outside
ourselves for an expounder or interpreter of it. And there will not be
different laws at Rome and at Athens, or different laws now and in the
future, but one eternal and unchangeable law will be valid for all
nations and all times, and there will be one master and ruler, that is,
God, over us all, for he is the author of this law, its promulgator, and
its enforcing judge. Whoever is 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."
More Cicero quotes can be found at OurRepublic.
Other Notions of Natural Law:
Secular Humanistic Law
Two significant assumptions undergird Humanistic legal theory.
First, God does not exist therefore there is no transcendent, fixed
moral standard or absolute source of rights. The basis of traditional
theistic morality is an illusion and therefore harmful. Some humanists
argue theistic based law is immoral because traditionally it represses
man’s need to freely express himself.
The second humanistic assumption is man is a perfectible,
evolving, self-transforming animal. Because man is good, evil is the
result of bad social constructs. Law is a tool whereby man can shape
society and further man’s evolutionary progress. Man is perfectly
capable of making up laws to regulate his civil relationships without
reference to God.
This legal philosophy was most clearly articulated by view jurist
Oliver Wendell Holms, (March 8, 1841 – March 6, 1935) who served as an
Associate Justice of the Supreme Court. He writes, “I see no reason for
attributing to man a significance different from that which belongs to a
baboon or a grain of sand.”
So, if we are merely evolved animals from whence do we get our
rights? Humanists appeal to an evolutionary version of natural law
theory. They assert there is one true morality that binds all mankind.
Societal evolution can account for natural law, but it is an
ever-evolving law. So, “common sense” must determine what constitutes
natural law based on their results. This is called pragmatism.
If men aren’t endowed with unalienable rights by the Creator
whose “common sense” get’s to determine what are man’s rights and
duties? Who gets to decide what works and doesn’t? Answer: The man/men
with the power to back up their opinions with the barrel of a gun.
Humanists argue legal theory is based entirely on human reason.
This is called legal positivism. The authority for law and rights
resides in the state. Thus the state becomes de facto God. Legal reality
and truth are what the state decrees. Combine legal positivism with
evolution and you get capricious, arbitrary laws. There is no authority
above the state to which citizens can appeal when the state becomes
tyrannical.
New Age Humanism
While New Age mystical humanists are more focused on inner
subjective enlightenment, it has legal implications. Because all of
reality is divine, man becomes the epicenter of all authority. There can
be no outside imposition of law or restraint as that might inhibit
man’s self-actualization as god. Each man is in effect his own god and
source of his own self-law.
As your inner awareness and enlightenment grows, any rules that
you may have previously agreed to abide by may not be agreeable to you
any more. To obey rules you disagree with is to deny your godhood. Man
must do what feels right to him at the moment. Eventually, a
sufficiently enlightened society will no longer need law. Reliance on
God’s law is considered unenlightened. Because man is essentially good,
outside laws restrict the full expression of man’s goodness and godhood.
Islam
Islam has a very comprehensive, complex and detailed legal
tradition that covers all of a Muslim’s life. Their system of law is
called Sharia. Of forty-eight nations considered not free, twenty-five
of them are Muslim. The world’s freest nations with the highest regard
for human rights are those that have been impacted by Christianity.
Islam denies non-Muslims equality and freedom. Muslim men enjoy special
status over non-Muslim men and all women. Religious minorities are
subjected to a special tax, if they are even allowed to exist. They deny
original sin, so all men are capable of saving themselves by complying
with Allah’s law.
For more please see
these summaries on law.