jusnaturalism is the natural law, that is, all the principles, norms and rights that are universal and immutable idea of justice and independent of human will.
According to the Theory of Jusnaturalism, the law is something natural and prior to the human being, and it must always follow what matches the values of humanity (right to life, freedom, dignity, etc.) and the ideal of justice.
Thus, the laws that make up natural law are immutable, universal, timeless and inviolable, as they are present in the nature of human beings. In short, Natural Law is based on common sense, which is based on the principles of morality, ethics, equity among all individuals and freedom.
Learn more about natural law.
Jusnaturalism and Juspositivism
They are both legal instances with different presuppositions, being natural law (Natural Law), as said, corresponding to the principles that are guided by human nature.
According to the jusnaturalist doctrine to be observed, there are different explanations about the origin or point of view of its nature. For example:
- Theological jusnaturalism: rights established and revealed by God. It emerged during the Middle Ages and had as its principle the idea of an omnipotent, omniscient and omnipresent deity;
- Cosmological jusnaturalism: following the laws that are considered natural throughout the Universe. This current was in force during classical antiquity;
- rationalist jusnaturalism: natural laws of life that are established by humans based on reason and common sense. It emerged during the 17th and 18th centuries, at a time when the liberal revolutions of the bourgeoisie were on the rise (evidence of human reason).
Unlike natural law, juspositivism (Positive Law) admits the law established by the State. In this case, the laws that regulate the intrinsic issues of a given society are formed. The Positive Law, in this case, can vary from society to society and tends to change over time.
However, currently, the laws based on Positive Law are subordinated to the principles dictated by Jusnaturalism. The Universal Declaration of Human Rights, for example, represents a model of the essence of the norms that govern Natural Law.
See also the meaning of positive right.