naturaalioikeus

Naturaalioikeus, often translated as natural law, is a philosophical and legal theory that posits the existence of inherent, universal moral principles that are discoverable through reason and are independent of human-made laws. This concept suggests that certain rights and duties are not granted by governments or societies but are intrinsic to human nature. Proponents of natural law believe these principles form the basis for just and ethical human conduct and provide a standard by which positive, or man-made, laws can be judged.

Historically, natural law theories have roots in ancient Greek philosophy, with thinkers like Aristotle exploring the idea of a natural order. Later, Roman Stoics developed the concept further. During the Middle Ages, Thomas Aquinas integrated natural law with Christian theology, arguing that divine law is the ultimate source of natural law. In the Enlightenment, philosophers like John Locke used natural law to advocate for fundamental human rights, such as life, liberty, and property, influencing revolutionary movements and the development of constitutionalism.

The core tenets of natural law often include principles of self-preservation, fairness, and the pursuit of good. It is contrasted with legal positivism, which maintains that law is simply a set of rules created by human authority, and its validity is independent of its moral content. Natural law, however, asserts that an unjust law is not a true law at all, implying a moral obligation to resist or disobey laws that violate natural principles. The precise content and application of natural law remain subjects of ongoing debate among philosophers and legal scholars.