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The elements of the so-called "Natural Law Formula", [178] are the following ones: being (of people and things) – potencies of human beings and things – aims and inclinations of those potencies; means – human values or goods – ethical and legal principles – rules – natural and positive rights – cases and circumstances.
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization.
Since by our (human) nature, we seek to maximize our well being, rights are prior to law, natural or institutional, and people will not follow the laws of nature without first being subjected to a sovereign power, without which all ideas of right and wrong are meaningless – "Therefore before the names of Just and Unjust can have place, there ...
The natural law was how a rational human being, seeking to survive and prosper, would act. It was discovered by considering humankind's natural rights, whereas previously it could be said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit to the ...
Individual rights, also known as natural rights, are rights held by individuals by virtue of being human. Some theists believe individual rights are bestowed by God . An individual right is a moral claim to freedom of action.
For example, it has been argued that humans have a natural right to life. These are sometimes called moral rights or inalienable rights. Legal rights, in contrast, are based on a society's customs, laws, statutes or actions by legislatures. An example of a legal right is the right to vote of citizens.
A person is recognized by law as such, not because they are human, but because rights and duties are ascribed to them. The person is the legal subject or substance of which the rights and duties are attributes. An individual human being considered to be having such attributes is what lawyers call a "natural person". [26]
Every people (populus) that is governed by statutes and customs (leges et mores) observes partly its own peculiar law and partly the common law of all mankind. That law which a people established for itself is peculiar to it and is called ius civile (civil law) as being the special law of that civitas (state), while the law that natural reason ...