What is Jusnaturalism in Philosophy

Natural law is a philosophical current that seeks to base law on natural and universal principles, independent of human will. This current has its roots in classical antiquity, with thinkers such as Socrates, Plato and Aristotle, and continues to influence legal thought to this day.

Origins and development of Jusnaturalism

Jurisnaturalism has its origins in Ancient Greece, with pre-Socratic philosophers and, later, with Socrates, Plato and Aristotle. These thinkers sought to understand the nature of the world and the human being, and believed that there were universal principles that governed morality and law.

In the Middle Ages, jusnaturalism was taken up by scholastic philosophers, who sought to reconcile classical philosophy with Christian theology. Saint Thomas Aquinas, for example, developed a theory of natural law based on the idea that God is the source of all law and that there are universal moral principles that must be followed by human beings.

In the modern period, jusnaturalism gained new formulations and became an important current in political and legal thought. Philosophers such as Hugo Grotius, John Locke and Immanuel Kant developed theories of natural law that influenced the formation of modern states and the drafting of constitutions.

Principles of Jusnaturalism

Jurisnaturalism is based on some fundamental principles. One of them is the idea that there are rights and duties that are inherent to human nature and that must be respected by everyone. These rights are considered universal and do not depend on human will or positive laws.

Another important principle of natural law is the idea that law must be based on reason and justice. Natural law scholars believe that human reason is capable of discovering the moral principles that should guide human action and that these principles should be the basis of law.

Furthermore, jusnaturalism defends the idea that law must be objective and immutable. Natural law scholars believe that natural law is something that exists independently of social conventions and positive laws, and that it must be followed by everyone, regardless of their will or interest.

Criticisms of Jusnaturalism

Jurisnaturalism has been the target of various criticisms throughout history. One of the main criticisms is that the principles of natural law are vague and abstract, which makes their practical application difficult. Furthermore, some critics argue that jusnaturalism can lead to an excessively idealistic and utopian view of law, ignoring social and political realities.

Another common criticism of jusnaturalism is that it can be used to justify oppression and inequality. Some critics argue that the idea of ​​natural rights can be used to legitimize unfair social hierarchies and to deny rights to certain groups, such as women, ethnic minorities, and LGBT people.

Relevance of Jusnaturalism today

Even with criticism, jusnaturalism continues to exert influence on contemporary legal and political thought. Many jurists and philosophers still defend the idea that there are universal moral principles that should guide law and that positive law should be evaluated in light of these principles.

Furthermore, jusnaturalism is also important for understanding human rights. The idea that there are inalienable and universal rights, which must be respected by all human beings, has its roots in natural law.

Finally, jusnaturalism is also relevant to the discussion about the relationship between law and morals. Natural law scholars argue that law cannot be separated from morality, and that positive laws must conform to universal moral principles.

Conclusion

Although jusnaturalism has its criticisms and limitations, it continues to be an important philosophical current for understanding law and morals. Its universal principles and its search for a rational and fair foundation of law have influenced legal thought throughout history and continue to be relevant today.