Examples of Natural Law

The Natural law It is the ethical and legal doctrine that supports the existence of certain rights inherent to the human condition, that is, they are born together with man and are prior, superior and independent of the positive law (written) and customary law (custom). For example: Plato's fundamental rights, the ten Christian commandments.

This set of rules gave rise to a group of schools and thinkers who responded to the name of the natural law or natural law, and that he sustained his thought on the following premises:

This means that there are moral principles primary, natural, which occupy an indispensable place as the basis of any human legal structure. According to this, a law that contradicts said moral principles cannot be observed and, in addition, will invalidate any framework that sustains it, in what was called Radbruch's formula: “the extremely unjust law is not true law".

Thus, natural law does not need to be written (like positive law), but is inherent to the human condition, without distinction of race,

religion, nationality, sex or social status. Natural law is supposed to serve as interpretive basis for the other branches of law, since they are principles of a legal and legal nature, not merely moral, cultural or religious.

The first formulations Modern ideas of this idea come from the School of Salamanca and were later taken up and reformulated by the social contract theorists: Jean Jacques Rousseau, Thomas Hobbes and John Locke.

However, already in ancient times there were numerous background of natural law, usually inspired by divine will, or attributed to some supernatural character.

Examples of natural law

1. The divine laws of antiquity. In ancient cultures, there was a set of divine laws that governed men, and whose unquestionable existence was prior to any type of legal order or even to the provisions of the hierarchs. For example, it was said in Ancient Greece that Zeus protected the messengers and therefore they should not be held responsible for the news good or bad they will carry.
2. Plato's fundamental rights. Both Plato and Aristotle, eminent ancient Greek philosophers, believed and postulated the existence of three fundamental rights that were intrinsic to man: the right to life, the right to Liberty and the right to think. This does not mean that in ancient Greece there were no murders, slavery or censorship, but it does mean that ancient thinkers saw the need for laws prior to any collective convention human.
3. The ten Christian commandments. Similar to the previous case, these ten commandments supposedly dictated by God were constituted in the basis of a legal code for the Hebrew people of the Christian era, and then on the foundation of a important tradition of Western thought as a result of the Christian Middle Ages and the theocracy that prevailed in Europe at the time. Sins (violations of the code) were severely punished by representatives of the Catholic Church (such as the Holy Inquisition).
4. The universal rights of man. First enacted during the early days of the French Revolution, in the midst of the emergence of a new Republic free from absolutist monarchical despotism, these rights were the basis for contemporary formulations (Human Rights) and They contemplated equality, fraternity and freedom as inalienable conditions of all men in the world, without distinction of their origin, social condition, religion or thought political.
5. Contemporary human rights. The human rights inalienables of contemporaneity are an example of natural law, since they are born together with man and are common to all human beings, such as the right to life or identity, to name a example. These rights cannot be abrogated or revoked by any court in the world and are above any law of any country, and its violation is punished internationally at any time, since they are considered crimes that do not never prescribe.

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