Natural Law Theory
Nicholas Mortimer
Mosaic I – Fall 2010
Professor J. Benin
Compare and contrast two journeys noted below, and end with a reflective commentary about
your own journey thus far.
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The creation of Natural Law Theory lies in Ancient Greece but many philosophers have
built on the concept of natural law since. According to Thomas Aquinas, Natural Law Theory is
the claim that standards of morality are in some sense derived from the nature of the world and
the nature of human beings. Aquinas also states that natural law is that part of the eternal law of
God which is knowable by human beings by means of their powers of reason. Bartolomé de las
Casas realized and argued that Indians were free men in the natural order and deserved the same
treatment as others, according to Catholic theology. Las Casas also used the book, The
Destruction of the Indies, to bolster his position by recounting his experiences of the
mistreatment of Indians. Natural Law theory eventually gave rise to a concept of “natural
rights”, as stated by John Locke. According to Jonathon Dolhenty, “John Locke argued that
human beings in the state of nature are free and equal and when they enter society they surrender
only such rights as are necessary for their security and for the common good.” (Dolhenty).
Thomas Jefferson used Natural Law Theory to justify the “unalienable rights” which is now
stated in the United States’ Declaration of independence. And as described by the New World
Encyclopedia, “Natural law theory attempts to define a “higher law” on the foundation of a
general understanding that certain choices in human life are good or evil, or that certain human
actions are right or wrong.” (Natural Law, 2008). I would define Natural Law as the what the
Declaration of Independence states: “We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness”. Using this as an understanding of Natural
Law Theory, it is safe to say that because of Natural Law Theory, greed arises in the very same
people that are included under Natural Law Theory. As shown through the journey of
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Gilgamesh, the conquistadores, and the evolution of the phrase “all men are created equal”, the
desire for power and wealth creates a perfect environment for Natural Law Theory to prevail.
The story of Gilgamesh is a story of a tyrannous king who is desperately in need of
eternal life. There can only be one factor that causes a person to want to live forever. Greed is a
trait that is created by peoples’ wants. As Gilgamesh’s story is told, it is clear and evident that
Gilgamesh always wants something more or needs something more than what he already has.
What makes an individual greedy depends on the actions of that person and how they are
perceived. As stated on page 15 on line 160 of Gilgamesh, “He will couple with the wife-to-be,
he first of all, the bridegroom after.” (George, 1999). Someone who sleeps with every soon to be
wife of every husband in the city of Uruk wants all the women for himself. This is easily
identified as being greedy. Gilgamesh wants more for himself and will go to all amounts of
length to keep more for himself than any other citizen of Uruk. Another example, on page 20 line
187, “I will establish for ever a name eternal!” (George, 1999). At this point, Gilgamesh has
gone off on a journey to slay the monster Humbaba in order to gain fame. On page 98-99,
Gilgamesh is in search of the plant that “[looks] like a box-thorn,” (George, 1999) that will allow
him to regain his vigour. He wants to live forever because nobody else in Uruk can live forever.
All of these examples prove that Gilgamesh is saturated with greed. In the time period that
Gilgamesh would have walked the Earth, Natural Law Theory existed in society to a small
degree but not in a way that could have been understood by the common people. But if you are
looking at Gilgamesh through the up-to-date definition of Natural Law Theory, the people of
Uruk are furious with Gilgamesh because he does whatever he wants. Gilgamesh was in control
of his own destiny. He believed he had divine power over everyone because he was part-god and
part-human, which also is a cause of greed in Gilgamesh. But in the end, because of Gilgamesh’s
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greedy nature, the people of Uruk attempted to apply Natural Law Theory against Gilgamesh.
This can be argued in the story by saying the gods answered the prayers of the people by killing
Enkidu. Gilgamesh had a desire for power and wealth which led Natural Law Theory to prevail.
Bartolome De Las Casas: An Account, Much Abbreviated, of The Destruction of the
Indies is a story which is trying to preach the concept of Natural Law Theory. De Las Casas, on
page 83, is describing a specific event that he had seen, “… and he laid hands on many Indians
and suffered the dogs to tear fifteen or twenty lords and high-ranking men to pieces…” (Knight,
2003). This is just an excerpt of one instance that De Las Casas has witnessed the slaying of
Indians. The conquistadores that traveled across the Atlantic Ocean were amazed at the rich
resources of the lands and became infatuated with accumulating large amounts of gold. Greed
settled in and created a want for more and more power over the Indies. In order for the
conquistadores to complete their gold hunt, they started enslaving many people of the Indies and
forced them to work insane labor tasks without rest or food. Many of these Indians were brutally
slaughtered in inhumane ways as well. Because the conquistadores focused their efforts on
achieving power and wealth, greed was a trait that was common. Also on page 83, a perfect
example to prove that the conquistadores were greed, “… (for the slaughter of the Indians is
carried out for no reason but to get gold from them, which they do not have, for all they once had
they have given up)…” (Knight, 2003). And as these people used greed to achieve more and
more power and wealth, they believed that they were much better than the people of the Indies
and deserved to rule over them. But as people like Las Casas saw this happen, it allowed them to
look at the bigger picture and understand that the explorers’ greed has led to the Destruction of
the Indies. This same event also led to De Las Casas writing about the need for Natural Law
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Theory amongst all men. Greed led the explorers into the slaying of the Indies, which allowed
Natural Law Theory to prevail.
The Revolutionary War, The Civil War, and women gaining the right to vote in 1920 all
are examples of when Natural Law Theory has been applied in our country. The Revolutionary
War is a great example of greed. Britain was imposing heavy taxes on the colonists to try to rid
of some of their debt from the French and Indian War. They imposed huge trade and embargo
restrictions on the colonists as well. This is an example of Great Britain growing greedy. They
see the new colonies as profits for themselves instead of trying to expand their empire, which
allowed the thirteen colonies to apply Natural Law Theory as a motivating force against Great
Britain. A cause of the Civil War was because of the fight between the North trying to abolish
slavery and the South wanting to keep it. The greed of the men in the South who were using
slaves, which is against Natural Law Theory, were using these slaves in order to maximize
profits. And women were not allowed to vote until the 19th amendment passed in 1920. Men did
not think women should be equal with men. They wanted to be able to be worth more than the
women. This is greed as well. In the three examples that I have shown the different greed of
men, all allowed Natural Law Theory to take a hold within the society after these events. The
phrase “all men are created equal” is the phrase that I have defined Natural Law Theory with.
Natural Law Theory was the motivation and the underlying idea behind these major events. After
each of these major events, Natural Law Theory evolved in some way. And that is because greed
created an environment for Natural Law Theory to change.
Because of the evolution of our country, the explorers who led The Destruction of the
Indies by Bartolme De Las Casas, and Gilgamesh, it shows that Natural Law Theory prevails
every time there is a desire for power and wealth. My journey, using this as the background of
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my argument about my journey, is unique. My journey right now is to move on after college and
be a family man. How do I achieve it? By working hard every day. Different problems arise and
different situations happen to me every time I take just a single step outside, that I must give my
best effort to become the best man, son, husband or whatever I need it to be in any situation. At
the same time, my journey is also important to me in that I do not want anything to get in its way
either. You have to work your tail off in this world if you want to get anywhere or be successful.
So the more effort you give towards being the best man or woman you can be, the chance of
something happening successfully in your life increases by a factor of two. That is the journey
that I follow.
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Works Cited
Dolhenty, J. P. (n.d.). An Overview of Natural Law Theory. Retrieved October 4, 2010, from The Jonathan
Dolhenty Archive: http://www.radicalacademy.com/philnaturallaw.htm
George, A. (1999). The Epic of Gilgamesh. England: Penguin Group.
Knight, F. W. (2003). An Account, Much Abbreviated, Of the Destruction of the Indies. Indianapolis:
Hackett Publishing Company, Inc.
Natural Law. (2008, August 14). Retrieved October 4, 2010, from New World Encyclopedia:
http://www.newworldencyclopedia.org/entry/Natural_law
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