Abstract

No jurist or legal philosopher will, I trust, expect me to address the theory of natural law. Natural law theories are many and diverse. One such theory holds that natural law is a model of the ideal system of positive law and that any deviation from this higher law renders legislation or judicial decision defective in legal validity because deficient in moral justice. I shall here ignore the relationship, if any, between moral justice and legal validity and shall focus instead upon the other main thesis of this theory, that positive law ought to recognize and thus duplicate natural law in every detail. Among other things, the natural law confers upon individuals, and perhaps corporate bodies also, certain moral rights. Fundamental moral rights are familiar from the traditional natural rights documents and more recent declarations and conventions concerning human rights. From such basic rights, many more specific moral rights can be derived. Is it true that every moral right of the individual ought to be somewhow incorporated into the legal system of every country?

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