Law, Jurisp & Social Thought 229 - Natural Law

What is meant by “natural law”? This course will explore this strange legal category from the ancient world through the present day. What connection did (or does) natural law have to the will of a God or other deity, and yet how has it also become something separate from “divine law”? What is “natural” about natural law, and does this quality make it somehow more primitive than, or prior to, or better than, positive (government-made) law? In modern secular societies, what are the post-religious understandings of the natural law idea, which is still thought by some to encompass our intuitions about justice or to frame our conceptions of positive law?

In exploring the history and present state of this order of law which, in different moments, seems both to found positive law and to go beyond it, we will also ask: why is natural law traditionally associated with the “law of nations” or international law? How easily does natural law--particularly in the form of common law and the practices of judicial review--coexist with positive law? If these two conflict, which are we bound to follow? Does natural law jurisprudence have a substantial role to play in actual legal proceedings? Can it govern conduct between governments as well as (or instead of) individuals? Can natural law be a justification for disobedience to the laws of governments, or even for revolution?

Limited to 30 students. Fall semester. Visiting Professor MacAdam.