The theory of natural law tries to interpret law as a phenomenon. In order to make it effective, it must conform to the higher standard of law based on morality. There are two basic types of natural law theory, one is the higher law (Theology) set by God revealed by the Bible, the other is the higher law (secular) based on moral foundation discovered by reason.
Five hypotheses of natural law theory
Natural law is based on value judgment, which originates from some absolute sources and is consistent with nature and rationality
These value judgments objectively express the determinable principles for determining the essence of human beings and the universe.
The principles of natural law are immutable and always effective, which can be grasped by the proper use of human reason.
These principles are universal. Once mastered, all real laws (artificial laws) must be overturned. Unless the real laws are consistent with the natural laws, these laws will not constitute effective laws
Law is the basic requirement of social life
Methodology of natural law theory
Natural law theorists believe that the world, especially human society, has the ultimate goal of the society to pursue the perfect state.
Therefore, the law is a means of promoting the goods needed. It is a social necessity because it provides guidance for those who are committed to the common interests and control for those who may deviate from what is morally acceptable.
Therefore, in order to make it effective, it is necessary to formulate laws (empirical laws) made by all people or people according to specific moral constraints, and it is necessary to operate in a way that provides the best resources and opportunities for the realization of common interests.
Therefore, artificial law, which is quite different from the principle of natural law, is not only a bad law, but also invalid and unworthy of obedience.