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Comparing natural law and natural rights thinking

by Dr. Anderson

Created on: March 23, 2007   Last Updated: May 08, 2007

Natural Law posits that fundamental principles of life arise can be extrapolated from nature. Often confused with the term "laws of nature" the ideals of Natural Law are not necessarily far removed from the working of biological and psychological drives (for food, sleep), biological urges (procreation), and needs (food, shelter, clothing) of mankind existing in a state of nature.

The term "Natural Law" is sometimes thought to be more pertinent to the European world view on these issues, as the Europeans have historically in recent centuries tended to emphasize the duty of the individual under Natural Law, while settlors to the Americas who followed the traditions of Common Law as a practical application of the virtues of Natural Law, are often emphasizing the liberties of the individual and thus the term "Natural Rights" is often more used in the Americas.

Strictly speaking, Natural Right compose a subset of Natural Law as dealing specifically with the fundamental rights of the individual as arising in a self-evident fashion from the principles and precepts of Natural Law. As such, Natural Law would tend to encompass as greater field of ideas than Natural Rights alone. Natural Law is connected to Human Rights issues by the incorporation of such concepts into civil legislation and international treaty law. Natural Rights is connected to Roberts Rules of Order as being an extension of Parliamentary Law (also referred to as Parliamentary Procedure) as a mechanism of protecting the rights of the individual to be heard in both courtroom and legislative settings (remember that Parliament IS a court of law).

Natural Rights is connected to Olde English Common Law which incorporates its' ideals in practical, procedural ways in order to protect the rights of the Common Man who is presumed to be a Natural Being with Natural Rights thereunder, as opposed to a civic Citizen of a State and subject to Civil Statutes and the (changing) Civil "Rights" which they bear.

The best way to understand Natural Rights and Natural Law is not to compare the two, but to contrast both with other tradidions of law throughout history including Contract Law, Commercial Law, Mercantile Law, Admirality, Canon, Roman Civil Statutes, Marshall Law, Rule by Decree, International Law, and more.

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