Is law a moral enterprise? Need law contain a moral content to be accepted as law? If so
by reference to whose morality is law to be judged?
Law is a complex system of rules and regulations that govern behavior in a society, and it can be argued
that it has both moral and non-moral elements. Some laws, such as those against murder and theft, are
generally considered to have a strong moral component, as they are designed to protect the rights and
safety of others. Other laws, such as those regulating business practices or taxes, may have more of a
practical or economic focus.
Whether or not law must contain a moral content to be accepted as law is a matter of debate. Some
argue that laws must be based on a shared moral code in order to be just and legitimate, while others
argue that laws need only be practical and effective in order to be accepted.
As for the reference of morality, it varies from society to society, culture to culture and era to era. The
morality that is used to judge law is usually the prevailing moral values of a society or culture, which can
change over time. However, it is important to note that not all laws align with the morality of all
individuals within a society and some laws may be challenged or changed as a result.
Theories of natural law
The theory of natural law holds that there is a universal moral code that is inherent in human nature and
can be discovered through reason. This moral code is said to be "natural" in that it is not created or
imposed by human laws or institutions, but rather it is a part of the natural order of things. According to
natural law theory, human laws should be in accordance with this universal moral code in order to be
just and legitimate.
Natural law theories have been developed throughout history, with different versions of the theory
emphasizing different aspects of the natural law. Some versions of natural law theory focus on the idea
that there is a universal moral code that is innate in human nature and can be discovered through
reason. Others focus on the idea that natural law is based on the laws of nature and the natural order of
things.
One of the earliest and most influential natural law theories is that of the Roman philosopher Cicero,
who held that the natural law is a rational principle that is discernible by all human beings through their
innate faculty of reason.
The medieval Catholic theologian Thomas Aquinas developed a natural law theory based on the idea
that the natural law is a reflection of the eternal law of God. He argued that the natural law is a set of
moral principles that can be known through the use of reason and that it is the foundation of all human
laws.
Another influential natural law theory was that of the Dutch legal philosopher Hugo Grotius who argued
that natural law is based on the laws of nature, which are known through reason and observation of the
natural world. He believed that natural law forms the basis of international law and that it should be
followed by all nations.
Natural law theory has been influential in the development of Western legal and political systems, and it
continues to be an important area of study in philosophy, law, and political science.
Another version of natural law theory is that of the English philosopher John Locke, who believed that
natural law is based on the idea of self-preservation and the protection of property. He argued that
individuals have a natural right to life, liberty, and property, and that these rights are protected by the
natural law. He also believed that governments are created by individuals to protect these natural
rights, and that if a government fails to do so, the people have the right to overthrow it.
In the 20th century, the natural law theory has been further developed by various legal theorists, such
as the American jurist Lon Fuller, who emphasized the idea that natural law consists of a set of principles
that are necessary for the functioning of a legal system. He argued that the rule of law is a necessary
component of natural law and that legal rules should be clear, stable, and consistent in order to be just.
In contemporary legal and political philosophy, natural law theory continues to be an important area of
study. Some contemporary natural law theorists argue that natural law is based on human dignity and
the common good, and that it should be used as a guide for making ethical and moral decisions. Others
argue that natural law is based on human rights, and that it should be used as a basis for international
law and human rights protections.
In summary, natural law theory is the idea that there is a universal moral code that is inherent in human
nature and can be discovered through reason. It has been developed through different versions and
interpretations throughout history, some emphasizing the idea of a universal moral code, others on the
laws of nature and the natural order of things, others on the protection of human rights and the
common good. It is still an important area of study in legal and political philosophy.