Natural law teachings are one of the most popular legal doctrines. This doctrine was initiated by several leading legal experts, from Hugo Grotius to Mochtar Kusumaatmadja.
This doctrine has also been adopted in several legal systems. To this day, this teaching remains one of the studies in legal science.
Teachings of Natural Law in the Greco-Roman Era
In philosophy before Aristotle, law of nature was the rule of the universe, and at the same time the rules of living together through laws. In the philosophy of the Sophists, natural law is interpreted as the â€law of the strongestâ€, which actually cannot be called law; what is called natural law here is nothing but power and violence.
Aristotle was the first to distinguish between natural law and positive law. According to him, natural law is a law that always and everywhere applies because of its relationship to the laws of nature. This law never changes, never disappears and applies by itself. This natural law is distinguished from positive law, which entirely depends on human provisions.
For the Sophists, nature is something external, something outside of humans. Meanwhile, Aristotle, in his book "Logic," views the world as a totality encompassing all of nature. Humans are part of nature, endowed with an active intellect that distinguishes them from all other parts of nature. Humans are only able to shape their will according to their understanding of reason. This thesis of Aristotle becomes the basis of the conception of law the nature of the Stoic philosophers.
The school of philosophy that most influenced the Roman view of law was the Stoic school. The basic idea of Stoicism is that everything that exists is an orderly unity (cosmos), thanks to a principle that guarantees that unity, namely the world soul (logos). The Logos is none other than the Divine Intellect, which animates everything.
This school argues that human coexistence has a relationship with the logos through the universal law (lex universalis) that is found in everything. This universal law is contained in the logos, and as such is called eternal law (lex aeterna). Insofar as the eternal law becomes manifest in the universe, it is called natural law (lex naturalis). This natural law is independent of people, always applies, and cannot be changed. This natural law is the basis of all positive law.
The Stoic philosophers distinguish between relative and absolute ideals of natural law. During the heyday of natural law, there were no families, slavery, property rights, or government. But these institutions became important with the decline of human morality. "Relative" natural law requires legislators to have laws guided by reason and as close as possible to absolute natural law.
The highest goal of humans is to become just people by submitting to natural law (nomos) as an expression of the Divine Intellect (logos). State laws are obeyed because they are in accordance with natural law. Even Stoic thinkers argue that human society is maintained and developed because of obedience to natural law.
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