Sunday, May 24, 2009

Natural law

The Founding Fathers very much had Natural Law in the front of their minds as they were framing the American Constitution. The Constitution being, perhaps, the greatest document ever produced, second only to the Magna Carta, in providing the blueprint for a free society. Many of the Founders were great followers of John Locke, who in turn, was much inspired by Marcus Tullius Cicero. Cicero defined and explained Natural Law and it's use in governing nations. The following is from the book The 5,000 Year Leap:

"First of all, Cicero defines Natural Law as 'true law.' Then he says:

Quote:
True Law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions....It is a sin to try and alter this law, nor is it allowable to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves foe an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst punishment.


In these few lines the student encounters concepts which wererepeated by the Founders a thousand times. The Law of Nature or Nature's God is eternal in its basic goodness; it is universal in its application. It is a code of 'right reason' from the Creator himself. It cannot be abandoned by legislators or the people themselves, even though they may pretend to do so. In Natural Law we are dealing with factors of absolute reality. It is basic in its principles, comprehensible to the human mind, and totally correct and morally right in its general operation.

To the Founding Fathers as well as to Blackstone, John Locke, Montesquieu, and Cicero, this was a montimental discovery.

Cicero then set forth the means by which people may judge between good and evil laws. All laws must be measured by God's Law, which is described by Cicero as follows:

Quote:
Therefore Law [of the Creator] is the distinction between things just and unjust, made in agreement with that primal and most ancient of all things, Nature; and in conformity to Nature's standard are framed those human laws which inflict punishment upon the wicked and protect the good.


Cicero also emphasizes that the essence of an evil law cannot be mended through ratification by the legislature or by popular acclaim. Justice can never be expected from laws arbitrarily passed in violation of standards set up under the laws of Nature or the laws of the Creator. Here is his argument:

Quote:
But if the principles of Justice were founded on the decrees of peoples, the edicts of princes, or the decisions of judges, then Justice would sanction robbery and adultery and forgery of wills, in case these acts were apprived by the votes or decrees of the populace. But if so great a power belongs to the decisions and decrees of fools that the laws of Nature can be changed by their votes, then why do they not ordain that what is bad and baneful shall be considered good and salutary? Or, if a law can make Justice Injustice, can it not also make good out of bad?
"


It strikes me that here is the exact explination for why so many things in our world have become the way they have. Cicero says that Natural Law is for all nations and all times. The United States was founded on these principles. We recognize their validity. The founders held these truths to be selfevident. We have allowed, for convenience sake, our appointed representatives to do their best to make JusticeInjustice. We are paying the price for it.

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