Natural Law and Positive Law in the American System [No. 86 LECTURE]

Summary

In this episode of the Number 86 Lecture Series, Professor Lee J. Strang discusses the role of natural law in the American founding, exploring how the Founders' beliefs in natural law influenced the creation of the U.S. Constitution. He examines the balance between natural law and positive law, illustrating how the Founders' education in natural law traditions, such as Aristotle and the Scottish Enlightenment, shaped their decisions. Strang also highlights the importance of constitutional precedent and explains how the U.S. legal system continues to implement natural law principles through creativity and legal precedents, ensuring a coordinated, common good.

Takeaways

• 😀 The American Founders were participants in the natural law tradition, believing in non-positive norms that lead to a healthy and happy life when followed.
• 😀 Natural law principles influenced the Declaration of Independence, especially regarding the endowments of human beings and their inherent rights from God.
• 😀 The founders were educated in classical works like Aristotle and the Scottish Enlightenment, which shaped their understanding of natural law.
• 😀 There are two types of human law: laws directly derived from natural law norms (e.g., 'do not kill innocent beings') and those created through human creativity within natural law constraints.
• 😀 Thomas Aquinas's concept of 'determinatio' is used to explain how positive law allows for creativity within the constraints of natural law, similar to designing a house with set conditions but open to creative decisions.
• 😀 The American legal system is full of positive law, which is an implementation of natural law principles. This includes constitutional provisions and judicial precedents.
• 😀 The Commerce Clause is an example of a creative solution to trade disputes among the states, reflecting the creativity allowed within the bounds of natural law.
• 😀 The U.S. Constitution relies heavily on precedent, especially judicial decisions, which helps implement its meaning and create positive law consistent with natural law principles.
• 😀 The role of natural law in mature legal systems, like the U.S., is often indirect, as its principles are embodied in the positive law and judicial precedents.
• 😀 The normativity of law, like the speed limits or rules for driving, explains why citizens feel obligated to follow laws. The natural law tradition provides an explanation for why the Constitution has authority and creates a shared sense of responsibility among citizens.

Q & A

What is the main topic of this lecture episode?

The main topic of this episode is the role of natural law in the American founding and how it influenced the framing and interpretation of the Constitution.

How do the American Founders relate to the natural law tradition?

The American Founders believed in the natural law tradition, seeing it as a framework that guided the design of laws and institutions for a healthy and just society. They were influenced by thinkers like Aristotle and the Scottish Enlightenment.

What are 'non-posited norms' and how are they significant in the natural law tradition?

Non-posited norms are principles or values that are not created by human legislation but are seen as inherent to human nature, such as the idea that life is valuable and should be protected.

What role does natural law play in the creation of positive law?

Natural law provides the ethical foundation for positive law. While natural law offers general principles, positive law translates these principles into specific legal rules that govern society.

Can you explain the relationship between natural law and human laws?

Natural law informs human laws in two ways: through direct conclusions (e.g., prohibiting murder) and through creative decision-making (e.g., the structure of government), where legal systems have flexibility in determining specific laws.

What is 'determinacio' and how does it relate to law-making?

'Determinacio,' as explained by Thomas Aquinas, refers to the process of making decisions within a framework of natural law principles. It’s akin to designing a house, where there are creative decisions (e.g., color or design) within set constraints (e.g., structural requirements).

Why did the framers of the Constitution choose to create a federal system with three branches of government?

The framers believed the Articles of Confederation were inadequate, and they creatively designed a federal system with three branches to address issues like interstate trade and national defense while ensuring a balance of powers.

What is the role of constitutional precedent in the American legal system?

Constitutional precedent plays a crucial role in interpreting and implementing the Constitution’s broad principles, particularly in areas like commerce. It allows judges to build out legal meanings and adjust laws to evolving circumstances.

How does the natural law tradition explain the legitimacy of legal systems like the U.S. Constitution?

The natural law tradition argues that the legitimacy of a legal system comes from its ability to secure the common good of a community. The Constitution is seen as a tool for coordinating the activities of citizens and ensuring justice and order.

What is the significance of the Preamble in the Constitution, despite it having limited direct legal effect?

While the Preamble doesn’t have a direct legal effect, it reflects the framers' intentions to secure the common good. It highlights goals like justice and tranquility, and it helps us understand the broader philosophical foundation of the Constitution.