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Natural law [1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
Conscience, as is detailed in sections below, is a concept in national and international law, [4] is increasingly conceived of as applying to the world as a whole, [5] has motivated numerous notable acts for the public good [6] and been the subject of many prominent examples of literature, music and film. [7]
Natural law is the law of natural rights. Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman ...
Natural law theories base human rights on a "natural" moral, religious or even biological order which is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle , posited the existence of natural justice or natural right ( dikaion physikon , δικαιον φυσικον , Latin ius naturale ).
Rights of nature proponents contend that re-envisioning current environmental laws from a nature's rights frame demonstrates the limitations of current legal systems. For example, the U.S. Endangered Species Act prioritizes protection of existing economic interests by activating only when species populations are headed toward extinction. [23]
Locke defines the state of nature as a condition in which humans are rational and follow natural law, in which all men are born equal and with the right to life, liberty, and property. However, when one citizen breaks the law of nature both the transgressor and the victim enter into a state of war, from which it is virtually impossible to break ...
The notion of synderesis has a long tradition, including the Commentary on Ezekiel by Jerome (A.D. 347–419), where syntéresin (συντήρησιν) is mentioned among the powers of the soul and is described as the spark of conscience (scintilla conscientiae), [2] and the interpretation of Jerome's text given, in the 13th century, by Albert the Great and Thomas Aquinas in the light of ...
Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a ...