Natural Law & Rights

A concise paper on Natural Law and Natural Rights.

What is Natural Law?

First to state what it isn’t, Natural Law is not Common Law, nor Positive Law. Natural Laws stem from the natural base of individual human thought i.e. Natural Law is emplaced by reason, and not force. The Latter being bodies of Positive Law. Common Law may be taken from both Natural and Positive Law; It is the universal set of laws that are generally (commonly) accepted within society.

The direct use of physical force is so poor a solution to the problem of limited resources that it is commonly employed only by small children and great nations.
~ David Friedman
[I believe that by the term 'great', Friedman was referring to the degree of the centralization of their power and/or the size and scope of the oligarchy]

Natural Law originates, or comes into being through reason. As the reasoning abilities of a given society increase/progress (i.e. calculus is built upon algebra), so too does the ability to understand what are the ultimate best interests of all free individuals who live within it. In other words, the development of reasoning skills within a society is concomitant with the development of a higher and greater morality.

Law is nothing else than an ordinance of reason for the common good”
~ Thomas Aquinas
[Aquinas, being an advocate of the church and an apparent believer in a just Deity, favored Positive Law. He believed it inconceivable that any could emplace Positive Law that wasn't favorable to the common good. He perhaps didn't foresee nor believe that people could be so molded by fear as to accept near to any degree of despotism]

From the development of social morality/Natural Law, social order naturally derives from reasoned rational negotiation instead of the initiation of force (violence), in other words, individuals utilizing the carrot e.g. ‘mutual contract’ instead of the stick e.g. the stick, will promote civility and develop complex cooperative inter-relationships. Without violence and under free, voluntary contract, individuals construct a civil society i.e. a society free of theft, enslavement, & murder, and hence people are greatly empowered to invest their labor and resources in the development of society allowing great benefits to all.

The corruption of Natural Law then, is the corruption of morality and a failing of people to employ reason; hence the best interests of all individuals, cannot be met.

When freedoms are diluted & diminished by violent oppressors, so too does the order from which it stems – i.e., as Natural Laws can only be curtailed by violence and/or the false belief that one’s best interest is served through submission to a group, and as Natural Law is morality, then those who condone the initiation of force and/or submit themselves to the collective will of a group are acting immorally i.e. not in their own long term best interests.

It therefore follows that the society which restricts itself to the defense of Natural Law and thus individual liberty and that has a population interested in the further development of reason & morality shall be the most ordered and lawful society possible at any given time.

What is a natural right?

Natural Rights are derivations of Natural Law. Specifically they detail what should be the state of the individual within a civil society such that the ultimate long term best interests of all individuals in society can be met.

What are the basic Natural Rights of individuals?

1. The right to your life [freedom from the initiation of force against your person]

Reasoning: Individuals who have a constant concern for their physical well being due to external threats of violence will utilize a large proportion of their labor and resources to secure themselves against those threats. Not only does this reduce the wealth the individual could be earning, but it also reduces the potential product(s) available to society as a whole.

2. The right to the products of your labor [freedom from enslavement]

Reasoning: This right stems from the first right, the right to your life. When an individuals labor is taken, said individual must become submissive to the will of the thief or suffer the initiation of force against them. Consequently, the enslaved no longer have an incentive to apply their creative abilities toward their labors, often applying them instead for destructive means. Hence, the individual and society as a whole both lose the long term benefit of the creative endeavors of individuals.

3. The right to your private property, including your own body [freedom from theft]

Reasoning: This right stems from the first and second right. If any individual or group can claim access or control over others private property, then all individuals will lack the incentive to invest their labor and resources to develop their property. Without such incentive development of property suffers and consequently productivity suffers. The individual and society as a whole lose the long term benefits of such property development and productivity enhancements.

A civil society of individuals working in their own long term best interests must therefore protect each of these rights for each and every individual in society. Other Natural Rights may also be derived, however, as Natural Rights are derived by reason, at no point may any rights contradict each other.

How does Natural Law function in society?

Natural Law and rights shall function by default if, within a given society:

  • reason is promoted by all able individuals
  • information is unbounded
  • no area of thought is restricted e.g. as social taboo
  • individuals do not tolerate any coercive individuals/groups/gangs i.e. all such entities must be prosecuted for any immoral behavior

If one or more of the above conditions is not met, then Natural Law and Natural Rights shall not function as effectively, however they must always function to some extent, else there shall be no civil society.

Creative Commons LicenseThis work, Natural Law & Rights by Tyler Jordan is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.

2010, Nov, 24 – 11:40 PM | Post by Philosopher Rex | Posted in Human Rights, Natural Law, Political Philosophy, Research, Philosophical | Tagged , , , , , | Comments (0) Follow this blog

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