Course:Law3020/2014WT1/Group E/Natural Law
Natural Law
Natural law argues that there is a true law, which is distinguishable from human law. The source of this higher law is a non-human source such as divine command, human nature or the order of nature. Laws that derive from these sources are considered to be legitimate law. Further, due to natural law’s natural origins it is believed to be morally right. In order for human law to be consistent with natural law, it must have morally right aims.
Natural law states true law is obeyed for various reasons, not just simply due to the threat of punishment. True law is also obeyed because of reasons relating to justice, fairness and morality. Additionally, natural law is immutable and does not change over time.
According to Thomas Aquinas the source of natural law is god and valid human law is derived from natural law. The objective of human law must be the common good. Thus natural law is teleological. Aquinas argues that human beings are rational beings because god creates them. God has given human beings natural reason and if natural reason is exercised properly human beings will be able to distinguish right and wrong. Aquinas further argues good is what all things seek, for law the good is the common good. Therefore, using their natural reason to ascertain the good and naturally seek it, human beings will reach the common good in the context of making laws. Thus according to Aquinas, human beings are not blindly led to the proper end rather human beings self direct themselves to that end.
According to Aquinas, law is defined as “nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated” (pg. 4). Aquinas has 4 requirements for valid law, the law must be directed to the common good, it must follow practical reason, a valid lawmaker must make the law and it must be promulgated. Aquinas defines the common good as the good of the community, rather than good for a specific individual. Practical reason is derived from the proper exercise of natural reason and will provide the practical steps needed to achieve the end; the end of human law is the common good. A valid lawmaker, according to Aquinas, is one who is naturally in the position to know and recognize what the common good is and the one who can provide the practical steps to achieve that end. Aquinas requires laws to be promulgated because this ensures that everyone is able to know the law and therefore is able to ensure obedience of the law.
According to Aquinas law that does not pursue the common good is unjust law and therefore loses its binding force and can be disobeyed. Furthermore, if human law is contrary to natural law then human law is unjust and has no force. Judges make judgements, which Aquinas defines as “statement or decision of the just or right” (pg. 30). Further, a judgement is just when it follows the rectitude of justice, come from those in authority, and the reason is based on certainty. The judiciary should interpret the letter of the law however when the letter of the law is unjust, judges must render judgements based on the spirit of the law, which is the common good.