order ought to provide the basis for all truly rational systems of justice. An appeal to the
natural order provides a set of comprehensive and potentially universal criteria for
evaluating the legitimacy of actual ‘man-made’ legal systems. In distinguishing between
‘natural justice’ and ‘legal justice’, Aristotle writes, ‘the natural is that which has the same
validity everywhere and does not depend upon acceptance’ (
Nicomachean Ethics
, 189).
Thus, the criteria for determining a truly rational system of justice pre-exist
social and
historical conventions. ‘Natural justice’ pre-exists specific social and political
configurations. The means for determining the form and content of natural justice is the
exercise of reason free from the distorting effects of mere prejudice or desire. This basic
idea was similarly
expressed by the Roman Stoics, such as Cicero and Seneca, who
argued that morality originated in the rational will of God and the existence of a cosmic
city from which one could discern a natural, moral law whose authority transcended all
local legal codes. The Stoics argued that this ethically universal code imposed upon all of
us a duty to obey the will of god. The Stoics thereby posited the existence of a universal
moral community effected through our shared relationship with god.
The belief in the
existence of a universal moral community was maintained in Europe by Christianity over
the ensuing centuries. While some have discerned intimations towards the notion of rights
in the writings of Aristotle, the Stoics,
and Christian theologians, a concept of rights
approximating that of the contemporary idea of human rights most clearly emerges during
the 17
th
and 18
th
centuries in Europe in the so-called doctrine of natural law.
The basis of the doctrine of natural law is the belief in the existence of a natural
moral code based upon the identification of certain fundamental and objectively verifiable
human goods. Our enjoyment of these basic goods is to be secured by our possession of
equally fundamental and objectively verifiable natural rights. Natural law was deemed to
pre-exist actual social and political systems. Natural rights
were thereby similarly
presented as rights individuals possessed independently of society or polity. Natural rights
were thereby presented as ultimately valid irrespective of whether they had achieved the
recognition of any given political ruler or assembly. The quintessential exponent of this
position was the 17th. Century philosopher John Locke and, in particular, the argument
he outlined in his
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