The London Libertarian

The London Libertarian

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Commentary and debate on politics, economics and culture from a libertarian perspective. To Libertarian Alliance Website >

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natural law

PhilosophyPosted by Jan Lester Mon, April 07, 2014 14:33:34

natural law Generally, this is supposed to be about *moral *laws that are somehow derived from human nature (the two main varieties emphasizing either our *rationality or our *religiousness), with respect to what is conducive to human flourishing or *happiness. As such it is often held to be a source of *objectivity in morals. And as all positive law is supposed to be moral to be valid, *natural law is often cited in order to constrain positive, *state, law.

Various inconsistent theories compete for the title of ‘natural law’. Some theories approach being *libertarian. Some recent ones even approach being *politically correct. Rather than explain and evaluate them all a completely different interpretation is offered here. Law can be natural in the same way that *language, *markets and *money can: it can be what *anarchically evolves in the absence of a design or state command. Trying to determine the content of such law may be an empirical or historical task or one of rational reconstruction; including by *social contract theory and *Austrian *economics. The results appear to be *libertarian according to libertarians. One has to consider the various arguments. See also *common law; *live and let live; *natural rights.

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