Natural Law and Natural Rights.pptx

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1. Natural Law and Natural Rights

2. Meaning of Natural Rights Fundamental human rights based on universal natural law, as opposed to those based on man-made positive law are called ‘Natural Rights’ . Although there is no unanimity as to which right is natural and which is not, the widely held view is that nature endows every human (without any distinction of time or space, and without any regard to age, gender, nationality, or race) with certain inalienable rights (such as the right to 'life, liberty, and pursuit of happiness') which cannot be abrogated or interfered with by any government. And that, whether or not these rights are enshrined in a national legal code, no government is lawful if it fails to upholds them.

3. Declaration of Independence We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

4. Natural Rights and Declaration The main argument in the Declaration of Independence was that the British monarchy violated the natural rights of the American people. Natural rights, sometimes called unalienable rights, and are the rights that the Framers believed all people are born with and can never give up. The Framers argued that the government’s central purpose should be to protect and uphold these rights. John Locke, an Enlightenment philosopher, described natural rights as the rights to one’s own “life, liberty, and property.” His work inspired Thomas Jefferson, the main author of the Declaration of Independence, who described unalienable rights as “life, liberty, and the pursuit of happiness .”

5. John Locke (in his classic book, Second Treatise on Government) has described right to life, liberty and property as natural rights. These are the rights which any government or society cannot deny. People have these rights “naturally”. Now nature can be seen in different contexts like independent from society or any government which is obliged to give those rights. Jefferson stated that natural rights are “…life, liberty, and the pursuit of happiness….” Jefferson based his ideas on the English philosopher, John Locke. He said that natural rights are life, liberty, and property. Both stated that these rights are inalienable (or unalienable as Jefferson said) which means they can never be taken away. It is also our duty to preserve these rights and the government must protect these rights. These rights are what we continue to strive for, even though we fall short of them

6. Critics of Natural Rights Natural rights are God given rights that cannot be taken away. We are all born free and equal. . Natural rights are rights that exist independently of legal code. They can be inherent in human nature, self-evident, imprinted into man by his creator, etc. However there are many scholars who criticize the idea of natural rights. Bentham can be quoted here who said “ it is completely irrational and meaningless to imagine rights before society and state”. Bentham followed Hobbes, who gave the theory of legal rights. The concept of legal rights is found in his book “Leviathan” where the people submit everything to the sovereign (ruler: Leviathan) except right to life. So, according to Hobbes since man is selfish, he created society to feel secure and submit the rights to the king who would protect them. This is the concept of legal rights .

7. Philosophy of Natural Law   ” Natural Law” is a philosophy that certain rights or values are inherent by virtue of human nature & can be universally understood through human reason .

8. Meaning of Natural Law In jurisprudence, the term ‘Natural Law’ means those rules and principles which are considered to have emanated from some supreme source ( other than any worldly or political authority). Various theories have been propounded since very early time about the source, authority, and relation of these rules ( natural law) with law (positive law). These theories, though mostly divergent in nature and supporting contrary ideologies, proceed from the common ground that the source of these rules is not any worldly authority. Some say that these rules have come from God; some find their source in nature ; others says that they are the product of ‘reason’.

9. Nature of Natural Law These rules have been given different names by different jurists (on the basis of their source) such as ‘Divine Law’, ‘Moral Law’ ‘Law of Nature’ or ‘Natural Law’, ‘ Universal Law’, ‘Law of God’, ‘Unwritten Law’ and so on. The Natural Law theories reflect a perpetual quest for absolute justice. It has been an appeal to absolute justice, authority and rules higher than positive law.

10. Impact of Natural law The Natural Law theories have been used to serve divergent purposes. It was used to support existing authority and also to foment revolution against it. In the name of natural law from time to time, different principles and ideologies have been preached. But, it should not be assumed that ‘Natural Law’ has had been subject of theoretical discussion only among the jurists and it has no practical value.

11. Under the influence of ‘natural law’ (‘jus naturale’), ‘jus civile’ of Romans was transformed into a very comprehensive and cosmopolitan system The movement for the freedom of individuals against the absolute authority of State started in the name of ‘natural law’. The American Constitution incorporates many principles of ‘natural law’. After the French revolution, the rights of individuals, given in the Constitution as ‘inalienable’, were said to based on ‘natural law’. In the name of ‘natural law’ , many jurists have asserted the validity and authority of International Law . Infact, the theories about natural law have not been evolved to explain any given legal system, but rather to serve an ulterior end namely, the fulfilment of the social need of the age.

12. Examples of natural Law We can give several examples to prove our point that there are “Natural Laws” governing us . Some examples stated below clarifies this stand. Our “Solar System” is stable & well formed with Planets revolving round the Sun in a precise & accurate timing & we are all supported by “Solar System” to survive . This is a fundamental “Natural Law ”, which cannot be tampered by humans. Anatomy of all living beings are well defined by “Nature” and are bound by that “Natural Law”. Birth, Life & Death of all living creatures , including humans , on earth are as per “Universal Law” of governance . Several examples of natural law are respecting individual's property, paying compensation in exchange of someone else's injury, loss or damage, and most importantly,  Pacta sunt servanda  (keeping agreements / agreements must be kept). You can list out any number of “Natural Laws” governing us , suffice it to say , that we cannot be out of purview of “Natural Laws” by any means whatsoever

13. Natural laws are the laws which are absolute and inalienable. Similarly, Natural rights are the rights which every individual has by the virtue of being a human being. They both transcend geographical and political boundaries. They would still exist even if no government existed. The fundamental rights enshrined in the Indian constitution in articles 14-35, based on UN Charter for Human Rights provide a good example of Natural laws. Although in this case they are a creation of a statute and are limited by reasonable restrictions none the less natural laws are based on natural rights which are a man's birth rights. Philosophers like Aristotle and Plato wrote extensively on natural laws. Thomas Aquinas and Hugo Grotius are some of the eminent jurists from this school of jurisprudence .

14. Substance of Natural law Positive law is law as it exists. Natural law is law as it ought to exist . The argument is that law ought to protect natural rights because of human dignity and justice. Government exists to serve natural rights--to serve the individual. That is their ultimate purpose and goal . Natural Law ” is based on the principles and truth. Such laws are said to harmonise knowledge and understanding. It is claimed that such laws are universal. These laws, of course have become established norms in legal terms. They probably began their evolution from earlier moral (religious) law, becoming secularised over time, and finding themselves established in common law of most first world nations .

15. Thomas Aquinas, the great philosopher of the Middle Ages, wrote that the first precept of the Natural Law is to do good and avoid evil . Natural Law means that, what constitutes “right” and “wrong,” which is same for everyone, and this concept is expressed as “morality.” As an  example of natural law , it is universally accepted that to kill someone is wrong, and that to punish someone for killing that person is right, and even necessary. Hugo Grotius is one of influential natural law thinkers. He secularised the law by stripping down its theological elements. According to Grotius, Natural law consists of principles derived from rational consideration and social nature of humankind. The social nature is not merely in a form of the will to live in a society, but also the will to live in a  peaceful and well-ordered  society.