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Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality". [ 4 ] In Western tradition, natural law was anticipated by the pre-Socratics , for example, in their search for principles that governed the cosmos and human beings.
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher best known as a proponent of a secular and procedural form of natural law theory. Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts.
Natural morality refers to morality that is based on human nature, rather than acquired from societal norms or religious teachings. Charles Darwin 's theory of evolution is central to many modern conceptions of natural morality, but the concept goes back at least to naturalism .
Whilst Thomas Aquinas, as a natural law theorist, is generally seen as holding that morality is not willed by God, [16] Kelly James Clark and Anne Poortenga have presented a defence of divine command theory based on Aquinas' moral theory. Aquinas proposed a theory of natural law which asserted that something is moral if it works towards the ...
Natural law theories base human rights on a "natural" moral, religious or even biological order that 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 (δίκαιον φυσικόν dikaion physikon; Latin ius naturale).
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 Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).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 ...
Iusnaturalism subordinates power to law as well as positive law to higher laws, giving it a more meaningful primordial metanarrative of natural law. [8] One of the fundamental notions of iusnaturalism is that man is free and no one has power over other men or moral power over another without a mutual act of will. [5]
It states that an action can only be moral if it is motivated by a sense of duty, and its maxim may be rationally willed a universal, objective law. Central to Kant's theory of the moral law is the categorical imperative. Kant formulated the categorical imperative in various ways.