Liberty: A Byproduct of Natural Law

1593 Words4 Pages

The concept of liberty stems from the system of natural law. It is highly dependent on the belief in natural law, in regards to three different aspects. First, the foundation of both concepts. The natural law has been influential in many ways, therefore concepts can be developed or derived from such a system. Secondly, the ideas found in liberty are similar to those found in the natural law in regards to the law being controlled by an entity. Finally, for protection against arbitrary offense to ensure a state of equality. This concept depends on natural law by representing similar principles on infringement of rights. Ultimately, liberty can be seen as a concept adapted from the system of natural law in order to keep the same principles and …show more content…

Previously stated, the natural law are laws ordained by God to man. These laws are given for man to follow God’s command. He has given man free will to do as he pleases, but that “free will” came from somewhere, and in this case it is a supreme being. In the state of natural law, laws are not specifically expressed, but it is implied that God has all control. And if he is in control and has the power to grant you untouchable rights, than you are in a way following a law “God’s law”. Though not identical liberty follows this sort of mentality. In the spirits of the laws Montesquieu states “Liberty is the right to do everything the law permit; and if one citizen could do what they forbid, he would no longer have liberty because the others would likewise have this same power.” (Montesquieu pg.155). Once you enter a political society and sign a social contract you give up certain rights for the commonwealth. It is different in who controls what the law permits. Within a state the law is man-made rather than God …show more content…

It is still upheld because theses, liberties are given to prevent brute force, maintain equality, and to continue what the natural law has taught. It is used to make sure there is a checking system so that no power outweighs another. The idea of “Separation of powers” is developed to have a balance in how much power one within the system of government can control. This is very important, because the government controls these laws and one could hypothetically try to enforce something that goes again the ideal system. The other groups or branches within the government can check each other to make sure whatever is issued out is not going beyond their power. Also it follows the practice that if you believe in natural law man’s rights cannot be taken away. Though it is not identically the same within a political society, it is trusted to adhere to some of the same principles of man not having to be subjected to tyrannical rule or power. In natural law man’s rights are not infringed upon, but can be if entered in a “state of war” as Hobbes mentions. Man has been given the rationality to decipher things as Blackstone states in the Commentaries of the Law of England. Man made the decisions to come together as one in a political society to protect each other from arbitrary force and infringement of their rights. Going back to the concept of joining a society certain rights for the commonwealth are

Open Document