Natural Law Theory: Definition, Ethics, and Examples

Natural law theory is a legal theory that recognizes the connection between the
law and human morality. This lesson explores some of the principles of the
natural law theory, as well as provides examples of ethical scenarios and how
natural law theory would attempt to resolve those dilemmas.

What is Natural Law Theory?

Have you ever told a lie? Or taken something that didn't belong to you? If so, you
probably weren't proud of how you acted in those moments. But why? What was
it about doing something 'wrong' that made you feel bad deep, down inside?
Natural law theory is a legal theory that recognizes law and morality as deeply
connected, if not one and the same. Morality relates to what is right and wrong
and what is good and bad. Natural law theorists believe that human laws are
defined by morality, and not by an authority figure, like a king or a government.
Therefore, we humans are guided by our human nature to figure out what the
laws are, and to act in conformity with those laws.
The term 'natural law' is derived from the belief that human morality comes from
nature. Everything in nature has a purpose, including humans. Our purpose,
according to natural law theorists, is to live a good, happy life. Therefore, actions
that work against that purpose -- that is, actions that would prevent a fellow
human from living a good, happy life -- are considered 'unnatural', or 'immoral'.
Laws have a purpose too: to provide justice. From a natural law perspective, a
law that doesn't provide justice (an unjust law) is considered 'not a law at all.'
Therefore, a law that is flawed is one that no one should follow. In short, any law
that is good is moral, and any moral law is good. Legal positivism is a legal
theory that is the opposite of the natural law theory. Legal positivists believe that
a law can be deeply flawed, and yet still be considered a law.

Ethics
The concept of morality under the natural law theory is not subjective. This
means that the definition of what is 'right' and what is 'wrong' is the same for
everyone, everywhere.
The natural law approach to solving ethical dilemmas begins with the basic belief
that everyone has the right to live their life. From there, natural law theorists
draw a line between an innocent life and the life of an 'unjust aggressor.' The
natural law theory recognizes the legal and moral concept of self-defense, which
is often used to justify acts of war.
Natural law theory is not always a simple school of thought. It should come as no
surprise that the ethics associated with natural law are equally complicated. The
idea that the definition of what is 'right' and what is 'wrong' is the same for 'every
person' is sometimes difficult to apply to complex ethical dilemmas.

Examples
Consider the following examples…
Example 1:
You are a passenger on a ship sailing across the ocean. Suddenly, your ship is
overtaken in a powerful storm. You escape to a lifeboat with 25 other passengers.
You notice that four of the passengers are badly injured, and unlikely to survive
for more than a week. You also know that the lifeboat only has enough food and
water to sustain 22 passengers. Some of the other passengers are considering
throwing the four injured passengers overboard in order to save the other
survivors. If you were a natural law theorist, how would you solve this ethical
dilemma?

The Christians -- Augustine (AD 354—430) equates natural law with man's
Pre-Fall state. Therefore, life according to nature is no longer possible and
mankind must instead seek salvation through the divine law and Christ’s grace.
Gratian (12th century) reconnected the concept of natural law and divine law.
“The Human Race is ruled by two things: namely, natural law and usages (mos,
moris, mores). Natural law is what is contained in the law and the Gospel. By it,
each person is commanded to do to others what he wants done to himself and is
prohibited from inflicting on others what he does not want done to himself.”
(Decretum,D.1 d.a.c.1; ca. 1140 AD)

Natural Law – The Conclusion

In the end, where does law come from? The Theory of Natural Law maintains
that certain moral laws transcend time, culture, and government. There are
universal standards that apply to all mankind throughout all time. These
universal moral standards are inherent in and discoverable by all of us, and form
the basis of a just society.

Early Christianity

Emerging from a small sect of Judaism in the 1st century CE,

early Christianity absorbed many of the shared religious, cultural, and
intellectual traditions of the Greco-Romanworld. In traditional histories of
Western culture, the emergence of Christianity in the Roman Empire is known
as “the triumph of Christianity.” This refers to the victory of Christian beliefs
over the allegedly false beliefs and practices of paganism. However, it is
important to recognize that Christianity did not arise in a vacuum.

Roots in Second Temple Judaism

Jews claimed an ancient tradition with law codes for daily life (the Laws
of Moses) and revelations from their god through Prophets. While recognizing
various powers in the universe, Jews nevertheless differed from their neighbors
by only offering worship (sacrifices) to their one god, Yahweh. After suffering
several national defeats by the Assyrians in 722 BCE and the Babylonians in 587
BCE, their prophets claimed that God would eventually restore Israel to its
former independence. In those 'final days' (eschaton in Greek), God would
designate a descendant of David, an 'anointed one' (Messiah in Hebrew,
or Christos in Greek), who would lead the righteous against the enemies of Israel.
God would then establish a new Eden, which came to be known as 'the kingdom
of God.'

After a short-lived rebellion against Greek rule (the Maccabean Revolt, 167 BCE),
Galilee and Judea were conquered by Rome (63 BCE). By the 1st century CE,
many messiah figures rallied Jews to call upon God to help them overthrow the
overlords. Most of these figures were killed by Rome for stirring up mobs against
law and order. A sect of Jews known as Zealots convinced the nation to rebel
against Rome in 66 CE, which ended in the destruction of Jerusalem and their
temple (70 CE).

From all of the evidence, Jesus of Nazareth was an end-time preacher, or an

apocalyptic prophet, proclaiming that the kingdom of God was imminent. He
was crucified by Rome (between 26-36 CE), perhaps for stirring up crowds at the
festival of Passover. Crucifixion was the Roman penalty for rebels and traitors;
preaching a kingdom other than Rome was subversive. Shortly after his death,
his disciples claimed that he had risen from the dead. Whatever this experience
was, it motivated them to mission or to spread the 'good news' ('gospel') that the
kingdom of God would arrive soon.

The followers of Jesus first took this message to the synagogue communities of
Jews in the Eastern part of the Roman Empire. Many Jews did not believe that
Jesus was the expected Messiah, but to the surprise of these apostles
(messengers), Gentiles (pagans) wanted to join the movement. This unexpected
occurrence raised questions of inclusion: should these pagans become Jews first,
entailing circumcision, dietary laws, and Sabbath observance? At a meeting in
Jerusalem (ca. 49 CE, The Apostolic Council), it was decided that pagans could
join without becoming Jews. However, they had to observe some Jewish
principles such as draining blood from meat, sexual morality, and the cessation
of all idolatry (Acts 15). By the end of the 1st century, these Gentile-Christians
dominated the Christianoi (“the followers of the Christ”).

Paul, a Pharisee, was the founder of many of these communities. He claimed

that Jesus told him in a vision to be his “apostle to the Gentiles.” Jesus was now
in heaven but would soon return. This concept was known as the parousia (or
'second appearance'), and rationalized the problem that the kingdom did not
appear during Jesus’ lifetime; what the prophets proclaimed would be fulfilled
upon his return. At that time, current society (and its social conventions and
class distinctions) would be transformed.

With the belief that Jesus was now in heaven, Christ became an object of worship.
Paul claimed that Christ had been present at creation, and that “every knee show
bow” before him (Phil. 2). In the fourth gospel of John, Christ was identified as
the philosophical principle of the logos, or the rational principle of the universe
that became flesh (the doctrine of the Incarnation). We have very little
information on how early Christians worshipped Christ. Worship in the ancient
world consisted of sacrifices. For Jews (and then Christians), this element was
removed with the destruction of their Temple in 70 CE. At the same time,
ex-pagan Christians ceased the traditional sacrifices of the native cults.

In the Acts of the Apostles, we have stories of Peter and John healing people “in
the name of Jesus.” There was an initiation rite of baptism, hymns and prayers to
Christ, and a meal known as the Last Supper, a memorial of Jesus’ last teaching.
Christians addressed Jesus as 'Lord,' which was also a Jewish title for god. Jews
could acknowledge the exaltation of Jesus to heaven as a reward for a martyr’s
death, but placing Jesus on the same level as God created a barrier between Jews
and Christians.

The Spread of Christianity

In Greco-Roman culture people claimed ethnic identity from ancestors; you were
literally born into your customs and beliefs. Conversion (moving from one
religious worldview to another) was not common as your religion was in the
blood. Christianity taught that ancestry and bloodlines were no longer relevant.
According to Paul, faith (pistis, 'loyalty') in Christ was all that was needed for
salvation. This new idea resulted in a religious movement no longer confined to a
geographic area or an ethnic group. Christianity became a portable religion
available to all.

The idea of salvation was another innovation. Jews had articulated salvation as
the restoration of the nation of Israel. Pagans had no similar concept but some
did have concerns about their existence in the afterlife. Paul wrote that Christ’s
death was a sacrifice that eliminated the punishment for the sin of Adam which
was death (the doctrine of atonement). For this first generation of Christians,
physical death was no longer a reality; they would be transformed into “spiritual
bodies” when Christ returned (1 Cor. 15). As time passed and Christ did not
return, Christians accepted the death of the body but were promised a reward in
heaven.

Christianity shared some elements with the Mystery cults (such as Demeter and
Dionysus) that were popular in the Hellenistic period. These cults required
initiation and offered secret information on both an improved life in this world
as well as a smooth transition to a good afterlife. The Mysteries also utilized the
concept of a dying and rising god.

Christianity did not spread overnight “like wildfire” as it was previously

suggested. Initiates spent three years learning Christian teachings, followed by
their baptism, which was usually held on what became the feast day of Easter.
The initiate was naked as an indication of a rejection of their former life,
submerged in the water, and then donned a new robe as the sign of being
"reborn". Adult baptism was the norm until roughly the 4th and 5th centuries CE
when infant baptism became the norm due to high infant mortality rates.

Hierarchy, Celibacy & Monasticism

Christianity did spread far and wide, with small communities as far away
as Britain and sub-Saharan Africa. However, there was no central authority,
such as the Vatican, to validate various beliefs and practices. Numerous and
diverse groups existed throughout the Empire. Bishops communicated with each
other and their letters demonstrate often rancorous debates.

Christians adopted the Greek system of political assemblies (ecclesia in Greek,

English 'church') and the Roman system of an overseer (bishop) of a section of a
province (a diocese). In the 1st century CE, bishops were elected as
administrative leaders. An innovation in the office of bishop occurred sometime
between the 1st and 2nd centuries CE. Bishops now had the power to absolve
sins through their possession by the Holy Spirit. Deacons were elected initially as
helpers in distributing charity and eventually became priests.

The pagan worldview included the importance of fertility (of crops, herds, and
people) for survival. Sexual intercourse was considered necessary, natural, and
enjoyable for both gods and humans. The Church Fathers expressed a disdain for
these attitudes toward the body, influenced by similar philosophical views known
as asceticism. Church leaders advocated celibacy (no marriage) and chastity (no
sexual relations) as requisites for bishops and other leadership positions.

Beyond the leadership, Christians were encouraged to marry, recognizing the

biblical command “to be fruitful and multiply.” However, sexual intercourse was
limited to the sole purpose of procreation. Intercourse, when a wife was barren,
was a concession to lust, now deemed a sin and something that only sexually
immoral pagans indulged in.

The height of Christian asceticism was achieved by Anthony in Egypt (251-356

CE) when he turned his back on society and went to live in a cave in the desert.
Others followed and were known as the Desert Fathers. They eventually were
housed together in monasteries and provided an additional level of clergy, and
the educated among them copied and illustrated Christian manuscripts.

Persecution & Martyrdom

By tradition, the Emperor Nero (54-68 CE) was the first Roman official to
persecute Christians. The Roman historian Tacitus (56-120 CE) claimed that
Nero blamed the Christians for the Great Fire of Rome in 64 CE, although he was
not a witness to the events. Nevertheless, the story has become embedded in the
early history of Christianity. If Nero did indeed execute Christians, it was not
official Roman policy at this time.

The decision to persecute Christians most likely began during the reign
of Domitian (83-96 CE). A depleted treasury motivated Domitian to take action
in two areas: he enforced the collection of the Jewish Temple tax and mandated
worship at the Imperial Temples. After the destruction of their Temple,
Domitian’s father, Vespasian (69-79 CE), had ordered the Jews to continue
paying the Temple tax, now sending it to Rome as war reparations, but
apparently, no one enforced this until the reign of Domitian. In seeking out tax
evaders among Jews, his officials became aware of another group who
worshipped the same god but were not Jews and thus not responsible for the tax.

The Imperial Cult began with the deification of Julius Caesar after his death
(44 BCE). The common people claimed that Caesar was now “among the
gods.” Octavian created Imperial temples that both honored Caesar and the
imperial family. The Imperial Cult served as propaganda and brought in funds
from the sale of priesthoods. Domitian insisted on being addressed as “Lord and
God” and ordered everyone to participate in his cult. Jews had been granted
exemption from traditional cults by Julius Caesar as a reward for his Jewish
mercenaries. Christians, however, did not have this “get out of jail free card.”
Christians were charged with the crime of atheism. Their refusal to appease the
gods by sacrificing to them was perceived as a threat to the prosperity of the
Empire, which was equivalent to treason. Christians were executed in the arenas,
often being mauled and eaten by lions. Lions and other wild animals were
utilized in the venatio games by specially-trained animal hunters (bestiarii). It
was convenient to utilize these animals as executioners for the state.

Christians borrowed the concept of martyrdom from Judaism, where anyone

who died for their faith was immediately taken into the presence of God.
Martyrdom, therefore, became very attractive for Christians and many stories
were told of their bravery and conviction in the face of death. Such devotion
served as propaganda for the faith.

Despite Christian tradition (and Hollywood), persecution was never the subject
of Empire-wide edicts until the second half of the 3rd and the beginning of the
4th centuries CE. Nor were there thousands of victims. In 300 years, we have
records that indicate the sporadic nature of persecution which depended upon
circumstances. Whenever there was a crisis (foreign invasion, famine, plague)
Christians became scapegoats for angering the gods. In between, Romans left
Christians alone for the most part.

Orthodoxy & Heresy

The pagan world accepted the plurality of diverse approaches to the gods with an
emphasis on correct rituals rather than any consensus on doctrine. The Church
Fathers of the 2nd century CE developed an innovation with the concept of
orthodoxy, or the idea that there was only one “correct belief.” This was matched
by its polar opposite, heresy (Greek, airesis, or 'choice,' as in a choice of a
particular philosophy).

Under the umbrella term, 'Gnostics,' some Christians offered a different view of
both the universe and salvation in Christ (from the Greek, gnosis, 'knowledge').
For many Gnostics, all matter in the physical universe was evil, including the
human body. Christ did not manifest in a body, and therefore, the crucifixion
and resurrection were not important for salvation. Rather, Christ only appeared
in human form (Docetism) to reveal that humans contained a divine spark of
God that was trapped in the body. Jesus’ teaching provided the key to liberate
this spark and help it return to its source.

Adversos Literature: An Identity Separate from Judaism

A specific type of literature emerged in the 2nd century CE, directed against Jews
and Judaism, which coincided with increased persecution of Christians.
Christians claimed they should have the same exemption from state cults as the
Jews because Christians were verusIsrael, the “true Israel.” Christian
interpretation of the Jewish Scriptures through allegory demonstrated that
wherever God appeared in the Scriptures, it was actually Christ in a pre-existent
form. Christians claimed the Scriptures as their own and a "new covenant" now
replaced the old. The adversos literature contributed to a Christian identity now
separate and distinct from Judaism in practice, but with an ancient tradition
which would give them respect. These treatises were highly polemical, malicious,
and full of standard rhetoric at the time against an opponent. Unfortunately,
many of these arguments became the basis for the later charges against Jews in
the Middle Ages and beyond.

The Conversion of Constantine

By 300 CE, Emperor Diocletian (284-305 CE) had organized the Roman
Empire into East and West. When he died in 306 CE, various co-rulers vied to
return to one-man rule. In the West, the battle was between Maxentius
(306-312 CE) and Constantine I (306-337 CE). Constantine later told the story
that the night before the battle (at the Milvian Bridge in Rome), he saw a sign in
the sky (either chi and rho, the first two letters of Christ, or a cross) and heard a
voice that commanded “in hoc signo vinces” (“in this sign conquer”).
Constantine claimed that he won the battle with the support of the Christian god.

In conjunction with the surviving ruler of the East, Licinius, The Edict of Milan
was issued in 313 CE, granting Christianity the right to legally assemble without
fear of arrest or persecution. Christianity now joined the hundreds of other
pagan cults, although Constantine favored Christians through tax exemptions
and funds for building churches.

A Christian EMPIRE

Constantine was interested in both unifying the Empire as well as the Church. He
adopted the teachings of the Church Fathers as the core of Christian belief.
However, a controversial teaching by a presbyter in Alexandria, Egypt, Arius,
caused riots throughout the Empire. According to Arius, if God created
everything in the universe, then Christ was a creature and thus subordinate to
God. In 325 CE, Constantine invited bishops to attend a meeting in Nicaea to
define the relationship between God and Christ. The result was the Nicene Creed,
a list of tenets that all Christians were to avow. God and Christ were of the “same
essence,” both participated in creation, and therefore monotheism was
maintained; God was one, with three manifestations. With the Holy Spirit of God
as the manifestation of divinity on earth, this doctrine became known as the
Trinity. Christians who challenged these beliefs were deemed heretics, now
equivalent to treason. Their non-conformity threatened the prosperity of
the now Christian Emperor and Empire.

In 381 CE, Theodosius I issued an edict that banned all cults except Christianity.
In the 390’s CE he ordered the cessation of the Olympic Games, dedicated to
the ancient gods, and the closure of pagan shrines and temples. Some of these
buildings were destroyed, but others were transformed into Christian churches.

By the 4th century CE, Christians combined the Jewish concept of martyrdom
with Greco-Roman concepts of patron gods/goddesses of towns and cities.
Christian martyrs were now understood in a similar position as mediators in
heaven. The practice of pilgrimage to their tombs became "the cult of the saints."

When Constantine moved the capital to Constantinople in 330 CE, this

created a temporary void in leadership in the West. By the 5th century CE, the
bishop of Rome absorbed secular leadership as well, now with the title of 'Pope.'
In the Eastern Empire (Byzantium), the Emperor remained the head of the
state as well as the head of the Church until the conquest of Constantinople
(Istanbul) by the Turks in 1453 CE.

Why did Christianity succeed? The conversion of Constantine certainly provided

practical reasons for pagans to adopt the new religion. However, while
introducing innovations, Christianity nevertheless absorbed many shared
elements from Greco-Roman culture, which undoubtedly helped to transform
individuals from one worldview to another.

Constantine I was Roman emperor from 306 to 337 CE. Realizing that
the Roman Empire was too large for one man to adequately rule,
Emperor Diocletian (284-305 CE) split the empire into two, creating a tetrachy or
rule of four. While he ruled the east from Nicomedia as an “augustus” with
Galerius as his “caesar,” Maximian and Constantius the Pale ruled the west. It
was the son of Constantius, Constantine, who would one day rise to defeat all
challengers to the throne and reunite the split empire, moving the capital away
from Old Rome and build a new capital, a capital that one day would bear his
name, Constantinople.