The theory of natural law dates back to ancient times. The ideas associated with this problem already existed in Ancient Greece (sophists, Aristotle, Democritus, Socrates), China (Moism) and Rome (Roman lawyers, Cicero).
Representatives of the theory believe that a person from birth has inalienable rights (to life, personal integrity, marriage, freedom, property, labor, equality, etc.). These rights are inalienable, no one can deprive them, with the exception of cases of punishment for crimes. They come from the very nature of man as a spiritual and free being.
Natural law embodies the highest justice, and therefore the laws of the state should not contradict it. Proponents of this theory highlight the concept of positive law, which includes laws adopted by the state.
The most prominent representatives of the theory are Rousseau, Radishchev, Montesquieu, Locke, Hobbes, Holbach and others.
The theory of natural law is reflected in the constitutions of various countries of the world, including in the Russian Federation. So, in article 17 it is indicated that fundamental rights are inalienable and belong to everyone from birth, their exercise should not violate the rights of others.
Currently, there is no opposition between positive and natural law, since the first is aimed at protecting fundamental human rights, state regulation of existing relations in society.
The theory of natural law and social contract are closely intertwined. According to the contract theory, people before the state was created were free, had unlimited rights. According to Hobbes's treatise on the citizen, people were in a state of “war of all against all,” because they are naturally prone to harm each other. It was impossible to stay in a natural state for a long time, since it led to mutual extermination. Therefore, for their protection, they transferred part of the rights to the state by concluding a social contract. State power did not extend to inalienable rights, and positive law was used to ensure justice.
In addition to the inalienable rights of individuals, socio-economic ones are also referred to natural law (for example, freedom of association in public unions and political parties, rights of social communities).
There are 3 concepts of sources of natural law. According to one of them, it appeared by divine providence. The second concept of natural law considers it as the habits and instincts of animate beings. The third highlights the human mind as a source.
Natural law is based on the following postulates:
- a person has the right to physical self-preservation;
- for this he relies on his sound mind, which is possible only while maintaining dignity and honor;
- as a rational being, he works and has the right to the result of this activity;
- due to the fact that people are the same, none of them has more rights;
- a person claiming certain rights must recognize them for other persons;
- state regulation is necessary to protect natural rights.
The theory of natural law is of great importance, since it denies the stratification of people into classes, social inequality. People have equal rights that must be protected by law. Any infringement of them must be prosecuted by criminal law and public authorities.
The theory of natural law, in addition to constitutional consolidation, was reflected in such acts as the US Declaration of Independence of 1776, the Bill of Rights in 1791, the Declaration of the Rights and Freedoms of a French Citizen of 1789, as well as in many other legal documents.