Natural Law Equity Dignity and Respect Audrius Stonkus

Natural Law: Equity, Dignity and Respect Audrius Stonkus Holy Trinity School, Oakville Ontario

Natural Law theory Natural law theory is a philosophical and legal belief that all humans are governed by basic innate laws, or laws of nature, which are separate and distinct from laws which are legislated. Legislated laws are sometimes referred to as “positive laws” in the framework of natural law theory, to make a clear distinction between natural and social laws. Natural law theory has heavily influenced the laws and governments of many nations, including England the United States, and it is also reflected in publications like the Universal Declaration of Human Rights.

An example: Look at the American Declaration of Independence. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

The Great philosophers The origins of natural law theory lie in Ancient Greece. Many Greek philosophers discussed and codified the concept of natural law, and it played an important role in Greek government. Later philosophers such as St. Thomas Aquinas, Thomas Hobbes, and John Locke built on the work of the Greeks in natural law theory treatises of their own. Many of these philosophers used natural law as a framework for criticizing and reforming positive laws, arguing that positive laws which are unjust under the principles of natural law are legally wanting.

You are already familiar with natural theory, although you may not be aware of it. Universal ideas about fairness which cross cultural divides are an excellent example of natural law. Many children, for example, appeal to a sense of fairness in disputes, and most people around the world agree that murder is a severe infraction of natural law. Many natural law theorists root their theory in the idea that all humans are essentially reasonable, and that their motives are driven by a sense of self preservation.

Many “natural rights” which are codified in legal language are also a part of natural law, although some theorists argue that humans may give up certain rights to live in society, for the better human good. However, basic tenets of equality and a desire to do good still remain. Some people also integrate religious beliefs into natural law theory, while others refer more generally to basic moral laws which may or may not be guided by religious faith.

Many “natural rights” which are codified in legal language are also a part of natural law, although some theorists argue that humans may give up certain rights to live in society, for the better human good. However, basic tenets of equality and a desire to do good still remain. Some people also integrate religious beliefs into natural law theory, while others refer more generally to basic moral laws which may or may not be guided by religious faith.

There are numerous branches of natural law theory, some of which are quite complex. Many of these branches use natural law as a framework for discussing positive law, and some of these branches are actually built into legal systems. In England, for example, members of parliament may appeal to natural law theory in settling disputes, in the form of the Fundamental Laws of England, a series of basic rights set out by William Blackstone in the 1760 s.

Equity; from a legal dictionary EQUITY - A system of law designed to furnish remedies for wrongs which were not legally recognized under the common law of England or for which no adequate remedy was provided by the common law. This is the way that Mr. Aresta is using the term “equity” – meaning basically fairness. An accounting term used to describe the net investment of owners or stockholders in a business. Under the accounting equation, equity also represents the result of assets less liabilities.

Maxims of Equity will not suffer a wrong to be without a remedy Equity delights in equality One who seeks equity must do equity Equity aids the vigilant, not those who slumber on their rights Equity imputes an intent to fulfill an obligation Equity acts in personam. Equity abhors a forfeiture Equity does not require an idle gesture One who seeks equity must come with clean hands Equity delights to do justice and not by halves Equity will take jurisdiction to avoid a multiplicity of suits Equity follows the law Equity will not aid a volunteer Between equal equities the law will prevail Between equal equities the first in order of time shall prevail Equity will not allow a statute to be used as a cloak for fraud

Courts of Equity: We don’t have them here. But this is to make a point A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity (as opposed to law) to cases brought before it. The decisions are not precedent setting. These courts began with petitions to the Lord Chancellor of England. Some common law jurisdictions--such as the American states of Delaware, New Jersey, Tennessee. and Arkansas-preserve the distinctions between law and equity and between courts of law and courts of equity.