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Natural Law
 
Type:    Electronic Citation
Title:    Natural Law
Date:    2015/03/13
Abstract:    Natural law, or the law of nature (Latin: lex naturalis; ius naturale), is a system of law that is determined by nature, and so is universal.[1] Classically, natural law refers to the use of reason to analyze human nature — both social and personal — and deduce binding rules of moral behavior from it. Natural law is often contrasted with the positive law of a given political community, society, or state.[2] In legal theory, on the other hand, the interpretation of positive law requires some reference to natural law. On this understanding of natural law, natural law can be invoked to criticize judicial decisions about what the law says but not to criticize the best interpretation of the law itself. Some scholars use natural law synonymously with natural justice or natural right (Latin ius naturale),[3] while others distinguish between natural law and natural right.[1] Although natural law is often conflated with common law, the two are distinct in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation.[4] Natural law theories have, however, exercised a profound influence on the development of English common law,[5][full citation needed] and have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, John Locke, Francis Hutcheson, Jean Jacques Burlamaqui, and Emmerich de Vattel. Because of the intersection between natural law and natural rights, it has been cited as a component in the United States Declaration of Independence and the Constitution of the United States, as well as in the Declaration of the Rights of Man and of the Citizen. Declarationism states that the founding of the United States is based on Natural law. Natural Law and consent of the governed (John Locke) are the Foundation of the American Declaration of Independence, Constitution and Bill of Rights. (See "Laws of Nature" First Paragraph Declaration of Independence[6]) Consent of the Governed, derived from the John Locke's Natural Law Social Contract, replaced the Old World Governance Doctrine of the Divine Right of Kings.
Link:    http://en.wikipedia.org/wiki/Natural_law
Author(s):    Wikipedia

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