Theory of natural law

The theory of natural law originates from ancient times. The ideas associated with this problem existed already in Ancient Greece (the Sophists, Aristotle, Democritus, Socrates), China (moizm) and Rome (Roman lawyers, Cicero).

Representatives of the theory believe that human birthright belongs to inalienable rights (to life, personal inviolability, marriage, freedom, property, labor, equality, etc.). These rights are inalienable, no one can deprive them, except in cases of punishment for crimes. They come from the very nature of man as a spiritual and free being.

Natural law embodies the highest justice, and therefore the laws of the state should not contradict it. Supporters of this theory singled out such a notion as a positive law, which includes laws adopted by the state.

The most outstanding representatives of the theory are Rousseau, Radischev, Montesquieu, Locke, Hobbes, Holbach and others.

The theory of natural law is reflected in the constitutions of various countries of the world, including in the Russian Federation. Thus, in Article 17 it is stated that fundamental rights are inalienable and everyone belongs from birth, their exercise must not violate the rights of others.

At present, there is no opposition between positive and natural law, since the first is aimed at protecting fundamental human rights, state regulation of existing relations in society.

The theory of natural law and social contract closely intertwined with each other. According to the contract theory, people before the emergence of the state were free, had unlimited rights. According to Hobbes's "On the Citizen", people were in a state of "war of all against all", because they are inherently inclined to harm each other. In the natural state, it was impossible to stay for a long time, since it led to mutual extermination. Therefore, for their protection, they transferred part of the rights to the state by concluding a social contract. State power did not apply to inalienable rights, and positive law was applied to ensure justice.

In addition to the inalienable rights of the individual to natural law also include socio-economic (for example, freedom of association in social unions and political parties, the rights of social communities).

There are 3 concepts of sources of natural law. According to one of them, it appeared according to the divine providence. The second concept of natural law regards it as the habits and instincts of animate beings. The third distinguishes the human mind as the source.

Natural law is based on the following postulates:

• A person has the right to physical self-preservation;
• For this he relies on his own sensible mind, which is possible only with the preservation of dignity and honor;
• As an intelligent being, he works and has the right to the result of this activity;
• Due to the fact that people are the same, none of them has more rights;
• A person claiming certain rights should recognize them and others;
• To protect natural rights, state regulation is necessary.

The theory of natural law is of great importance, since it denies the stratification of people into classes, social inequality. People have equal rights, which must be protected by law. Any encroachment on them should be prosecuted by criminal law and public authorities.

The theory of natural law, with the exception of constitutional consolidation, was reflected in such acts as the Declaration of American Independence of 1776, the Bill of Rights of 1791, the Declaration of the Rights and Freedoms of a French Citizen of 1789, as well as in many other legal documents.