Jus naturale is a Latin legal term used to describe natural laws or rights that are given by nature and not artificially created by governments. In other words, jus naturale is the set of rights and freedoms that all citizens should be entitled to, with or without the government’s permission. This concept dates back centuries and has been adopted and discussed by some of the world’s most renowned philosophers, including John Locke, Thomas Hobbes, Immanuel Kant and Jean-Jacques Rousseau, who all argued for jus naturale.
Understanding the Foundations of Jus Naturale
Jus naturale is a derivative of the Latin phrase jus gentium, which translates to “law of nations.” This broader legal concept was developed to create order among nations by recognizing a universal standard of morality and allowing members of different nations to have a common understanding of rights. This set of rights, established by jus naturale, is expected to prevail over those legally established by governments.
Modern Examples of Jus Naturale at Work
Jus naturale may be challenged nowadays by governments in many countries, but it is still an important concept to understand. Today, examples of jus naturale can be found many places, such as in the right of citizens to observe freedom of religion and expression, to not be held as slaves, or the freedom to elect leaders of their choosing. Other examples include the right to life, the right to exercise self-defense and the right to own property.
The Special Place of Jus Naturale in Legal Discourses
As governments have become more complex and powerful, the concept of jus naturale still remains a fundamental set of rights everyone should be due. This concept is a core foundation of many legal discourses and understanding it can help people comprehend the legal world in a better way. Governments may have certain expectations, but it is important to recognize the freedoms that individuals themselves deserve, no matter what.