NATURAL LAW

NATURAL LAW rules of conduct founded in nature and man,

discoverable by reason, which act as a guide to civil conduct.
Note: When natural laws are systematized and promulgated they become known as human law. In general, human positive law is a reasonable rule of action, expressly or directly promulgated by competent human authority for the common good, and usually, but not necessarily, imposing a sanction in case of disobedience. (Paras, Civil Code Vol. I, Personas and Family Relations, 15th, 2002 ed.)

HISTORY
The concept of natural law appeared in ancient Greece. It developed in connection with the order and regularity pervading the whole of nature without which the cosmos would be plunged into chaos. Thus, the beginnings of the concept of natural law was intertwined with the notion of the law of nature in accordance with which everything happens as they should. In this sense, Heraclitus (540 547 B.C.) referred to natural law as the rational harmony and order of divergent things and events, including relations.

Sophocles (496-406 B.C.) considered natural law as a higher law enjoying primacy over human conduct and order. SOPHOCLES It was Plato (437 370 B.C.) who straightened the way for the development of the natural law as a discipline to which human conduct development of the natural law as a discipline to which human conduct and relationships must conform in order to realize both the individual and common good. He advanced in his The Republic, rational justice. Aristotle (384-322 B.C.) gave a clear distinction between natural justice and legal justice. Natural justice refers to fair equality or perfect justice, while legal justice refers to what is due and proper or imperfect justice.

CONCEPT & PRECEPTS

Natural law believes that the essence of law is morality and justice. That the principle of what is good and fair can be found within nature itself, and they can be accessed through human reason. Since natural law is said to be present in and binding on all persons at all times its precepts have been considered as continuing, protective principles that hold for every human society notwithstanding differences in ethical expressions. The precepts of natural law are: 1. 2. 3. 4. Righteousness virtue of doing which is right Justice administering which is just among persons Equality character of being impartial Fairness quality of being honest

USES OF NATURAL LAW

JUSTIFICATORY USE The natural law has been used to warrant some legal innovation, or to support some claim to authority, or simply to vindicate ones side of an issue or personal conviction. OPPOSITIVE USE The problem here is not so much with the relations of individuals to individuals as it is with the relations of individuals to government. To put it in another way, the question revolves on the circumstances which may warrant a person or group of persons in refusing to obey a rule not necessarily for the sake of disobedience but to emphasize the fact that blind obedience to governmental authority is not good either. REGULATORY USE INTERPRETATIVE USE

NATURAL LAW
AQUINIAN CONCEPT

ST. THOMAS

Saint Thomas Aquinas was born circa 1224 in Roccasecca, Kingdom of Sicily. Defying his family's wishes for him to become a monk, he joined the Dominican Order while attending the University of Naples. His studies introduced him to the teachings of Aristotle, which greatly influenced his controversial work and ideas. He is now considered one of the Roman Catholic Church's foremost theologians.

The Summa Theologi (Latin: Compendium of Theology or Theological Compendium; also subsequently called the Summa Theologica or simply the Summa, written 12651274) is the bestknown work of Thomas Aquinas (c.12251274), and although unfinished, "one of the classics of the history of philosophy and one of the most influential works of Western literature. It is intended as a manual for beginners in theology and a compendium of all of the main theological teachings of the Church.

The Summa is composed of three major parts, each of which deals with a major subsection of Christian theology. First Part (in Latin, Prima Pars): God's existence and nature; the creation of the world; angels; the nature of man Second Part: First part of the Second Part (Prima Secundae, often abbreviated Part I-II): general principles of morality (including a theory of law) Second part of the Second Part (Secunda Secundae, or Part II-II): morality in particular, including individual virtues and vices Third Part (Tertia Pars): the person and work of Christ, who is the way of man to God; the sacraments; the end of the world. Aquinas left this part unfinished.