Natural law is a law system that is based on a close observation of the nature of humans. The good thing about natural law is that is based on the natural intrinsic values of our nature as humans. This law can be applied logically in a way that is generally accepted in any part of the world. Natural law can be applied separately from positive law. In this scenario, positive law is the law that is enacted by the society or state. Based on the theory of natural law, it can be inferred that everybody has inherent rights which are originated from God, reason, or nature.
The essentials of natural law
Natural law is widely applied in social situations to help protect the natural rights of a people. People always thought that one important advantage of natural law is the fact that it is universal in application. As an absolute law, it is relevant all the time and can be applied at any location regardless of the norms and cultures of that place. Natural law is based on the reason for everybody to follow.
This is a contrast to many laws which are based on revelation. The principles of natural law can be deduced from logical reasoning and applied acceptably. Natural law can also be beneficial to society because it is a concept that is based completely on human rights, global democracy, and equity. Natural law also makes it possible for morality to be observed and followed with the establishment of common rules.
Natural law is now a globally accepted norm as it was first invoked by the Americans during the war for American independence. It earned more credibility when French fighters adopted the mantra during the French revolution.
Natural law in the common courts
Common law courts usually have a conflict with positive law as against natural law. This is because positive laws as opposed to natural law (God-made) are made by man. The common law courts usually apply positive law based on time and jurisdiction. Positive law is a type of law that has been enacted and adopted by a certain government or authority of an organized society. In many scenarios, positive laws are adopted for the benefit and financial gain of certain individuals in society. This is why natural law looks to counter the theory of positive law because it is man-made and limited by jurisdiction.
The fundamentals of natural law
Natural law is made up of basic human rights which have been conferred onto man by God. Natural law can also be applied based on reason or by nature. Natural law is distinct and different from positive law as it is not conferred by any legislation or legal jurisdiction. It is a law that is based on the theories of human ethics, politics, civil law, and religious morality. Natural law is based on the philosophy that all good things are generally accepted and that all bad things should be rejected. This means that regardless of the region or geographical location of the person, a person who has been caught violating the laws of nature is sought to be punished in mensuration with the crime. This is different from positive law that seeks to understand the time, circumstance, and jurisdiction of the crime.
