Natural Law

[Јas]

I was wondering if anyone here can tell me what status, if any, does natural law theory hold in American jurisprudence?

[Bandit3 the Worker]

The Bill of Rights is itself based on natural law. Court decisions that respect the Bill of Rights are thus based on natural law.

The Bill of Rights and other human rights documents didn't actually create the rights that are listed therein. These documents simply list rights that people have already been given by nature. That doesn't mean these rights are always respected, but they ought to be.

We are commanded and expected by nature to enjoy these rights and strive for a society in which these rights are respected. This is a calling and a mandate that we all have.

[DanielX]

The Bill of Rights is itself based on natural law. Court decisions that respect the Bill of Rights are thus based on natural law.

The Bill of Rights and other human rights documents didn't actually create the rights that are listed therein. These documents simply list rights that people have already been given by nature. That doesn't mean these rights are always respected, but they ought to be.

We are commanded and expected by nature to enjoy these rights and strive for a society in which these rights are respected. This is a calling and a mandate that we all have.

Replace "nature" with "God", and you've got a Religious Right argument right there!

[Bandit3 the Worker]

Replace "nature" with "God", and you've got a Religious Right argument right there!

The difference is that the Religious Right tries to deny people these rights.

[DanielX]

Replace "nature" with "God", and you've got a Religious Right argument right there!

The difference is that the Religious Right tries to deny people these rights.

Or perhaps you two have different definitions of what those rights are. And are both utterly wrong .

[Emsworth]

The Bill of Rights is itself based on natural law.

The Bill of Rights protects certain rights. What those rights are based on is not important; the point is that they are protected. Thus, whether these rights are natural, or are granted by some divine being, or are simply arbitrary creations of mankind, is irrelevant.

But the very idea that certain guarantees mentioned in the Bill of Rights are "natural" is absurd. The Seventh Amendment, for example, requires trial by jury in civil cases where the amount in controversy is more than $20. I fail to see anything "natural" about the twenty dollar rule.

[A18]

"Natural law" beats out "substantive due process" for the biggest oxymoron in American legal thought.