Natural law is the highest form of law. It is an expression of divine law. It demands that human laws conform to and recognise higher principles, theological or secular, not the political ruler, and respects rights and freedoms. All other laws must be evaluated against it.
The focus at one time moved from natural law to positive law and the analysis of state power. The attempt was to isolate the law laid down by human superiors to human inferiors, that is from the sovereign power to subjects. Only by keeping separate the ought from the fact could there be true understanding of reality. It accepted the state procedures and law and the obligation of obedience. No claims to freedom or human rights were capable of overriding the positive law.
Natural law was further weakened by the claims of the utilitarians. The claims of utility were for society as a whole. Proposals for legislation had to conform with utility and were only valid if they increase the sum of happiness for society. Happiness is a natural desire for most people in society. Further developments of natural law thought have led to the body of human rights and freedom legislation that we have currently enjoy.
The moral law is a rule of conduct for the sake of the common good and prescribes the rules of conduct that lead to happiness. The natural moral law expresses the moral sense and shows the way to follow to practice good. It is present in the heart and is established by right reason. It is universal and immutable. It determines the basis for rights and duties. The application of natural law is variable and can demand reflection to take all the various times, places and circumstances into consideration. It is necessary for integrity and indispensible for building the human community.
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