Interesting Article On Natural Rights.

Discussion in 'Philosophy and Religion' started by Jimbee68, Feb 23, 2026 at 8:52 AM.

  1. Jimbee68

    Jimbee68 Member

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    I wanted to share the following excerpt. It's not important in itself but it is interesting. It's about the theory of natural rights. Because I heard quite a long time ago that natural law and natural rights are no longer found in modern philosophy. Most philosophers now, I read recently, are moral realists. But they don't think our rights or moral laws come from nature (lions eating elk, and sometimes each other) or the survival of the fittest. It comes from the human heart and we all know what is right, but not by observing that of course. But there is the theory of natural rights in law, as opposed to legal positivism, which is still used today. And you are right, there are things that are always wrong. Like slavery, oppressing women, burning heretics, torture, etc. So legal positivism (thinking if it's legal it's right) we know is a horrible idea. But most law dictionaries still call it that, natural law theory.

    According to the Law Dictionary by Steven H. Gifis (which according to Google is a widely used reference guide designed as a quick-reference tool for law students, legal professionals, and laypeople to understand complex legal terminology) this is the definition of that use now:

    NATURAL LAW law which so nessarily agrees with the nature and state of man, that without observing its maxims, the peace and happiness of society can never be preserved. Knowledge of natural laws can be attained merely by the light of reason, from the facts of their essential agreeableness with the constitution human nature. Natural law exists regardless of whether it is enacted as positive law, although there may be instances where natural law cannot be judicially enforced.
     
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