Crime

Natural Law Theory

The theory of natural law states that the needs, behaviors and rights of all humans are based on the rules of nature. One of the most well known supporters of this theory was St. Thomas Aquinas, who wrote the "Treatise on Law" which claimed that human morality follows the same rules that are found in nature, and therefore the rules of nature are binding for all of humankind.

Natural Law Doctrines

There are three guiding principles to the theory of natural law. They are designed to show that laws and their meanings originate from nature, not from humans. Believers of these doctrines feel that it is not up to any person to create their own rules or rights, but instead believe that the rules and guidelines were already created by nature.

The first doctrine states that all just and fair laws are found in nature. These laws may be observed and discovered, but they cannot be created. Those who adhere to this belief would feel that any rules or statutes specifically created by mankind are not legally binding.

The second doctrine states that the rules of nature must be used as a guideline to resolve all conflicts. It is believed that common law can play a role because it is not dictated by any executive action, but is an ever growing set of laws that can be examined and modified by judges and based on the laws of nature.

The third doctrine states that a law can only be understood and defined based on moral principles that are found in nature. These principles cannot be created or devised; they must instead be inherent in nature.

The Overlap Theory

This theory suggests that there is a well-defined and unconventional relationship between morality and law. In other words, it indicates that all laws have some basis in natural morality. Thomas Aquinas supported this theory, and stated that humans have an inclination toward being good, moral beings. This concept of morality guides the idea that all laws are based on morality, which is found in nature. Supporters of this theory also understand that some basic laws and principles are not bound by moral guidelines, but believe that any law pertaining to behavior and humanity must be based on morality.

While not every believer in natural law theory agrees on every aspect of the concept, they agree on the basic guiding principle that all just laws are based on the concepts found in nature and that those rules should be used to govern over humankind.