JUSTICE AND MORALITY: A SURVEY OF NATURAL LAW

Natural law is an ethical and philosophical framework that affirms that humans have
moral principles that guide their reasoning and actions. The moral principles that
govern human behaviour, according to natural law moral theory, are objectively drawn
from the nature of human beings and the nature of the world. Popular proponents of
natural law theory are Lon L. Fuller and John Finnis. Natural law finds its application in
various fields of study pertaining to ethics, politics and civil law.

Natural law reflects the principles of morality and justice derived from human nature
and the nature of the world as stated by the advocates of natural law theory. Fuller
expounds on morality as an inherent part of natural law and elucidates the distinction
between morality of duty and that of aspiration.

He initially defines morality of aspiration in the given lines – “The morality of

aspiration is most plainly exemplified in Greek philosophy. It is the morality of the
Good Life, of excellence, of the fullest realization of human powers. In a morality of
aspiration there may be overtones of a notion approaching that of duty.” 1

Fuller goes on to further delineate the lines of distinction between morality of aspiration
and morality of duty and outlines his perception of morality of duty in the following
quote – “Where morality of aspiration starts at the top of human achievement, the
morality of duty starts at the bottom. It lays down the basic rules without which an
ordered society is impossible, or without which an ordered society directed toward
certain specific goals much fail of its mark. It is the morality of the Old Testament and
the Ten Commandments. It speaks in terms of “thou shalt not,” and, less frequently, of
“thou shalt.” It does not condemn men for failing to embrace opportunities for the
fullest realization of their powers. Instead, it condemns them for failing to respect the
basic requirements of social living.”2

Therefore, as per my understanding, morality of aspiration denotes the ambition of

moral excellence whereas morality of duty pertains to the ethical obligation to fulfil the
basic requirements of social coexistence or living.

1
Lon L. Fuller, The Morality of Law 5 (Universal Law Publishing Co. Pvt. Ltd., Delhi, Sixth Indian Reprint, 2013)
2
Lon L. Fuller, The Morality of Law 5 & 6 (Universal Law Publishing Co. Pvt. Ltd., Delhi, Sixth Indian Reprint, 2013)

1
John Finnis reflects Cajetan’s belief on what are the species of justice when he cites him
in his book ‘Natural Law and Natural Rights’ – “There are three species of justice, as
there are three types of relationships in any ‘whole’: the relations of the parts amongst
themselves, the relations of the whole to the parts, and the relations of the parts to the
whole. And likewise there are three justices: legal, distributive and commutative. For
legal justice orients the parts to the whole, distributive the whole to the parts, while
commutative orients the parts one to another.” 3

Mark De Blacam in his work “Justice and Natural Law” states that human law and
natural law are linked by justice and quotes Thomas Aquinas to prove the same 4 –

“So the validity of law depends upon its justice. But in human affairs a thing is said to
be just when it accords aright with the rule of reason: and, as we have already seen,
the first rule of reason is the natural law. Thus all humanly enacted laws are in accord
with reason to the extent that they derive from the natural law. And if a human law is
at variance in any particular with the natural law, it is no longer legal, but rather a
corruption of law.”5

Natural law aims to utilize morality and justice to govern the state and maintain orderly
state of affairs. Where legal positivism stresses on law as dictated by the sovereign,
natural law emphasizes law as derived from nature with justice and morality as the tools
for utility and governance of the state. In fact, justice and morality are the tenets of
natural law reflecting pure human values which again represent the fact that natural law
is rooted in nature and derives its substantial core essence from it.

3
John Finnis, Natural Law and Natural Rights 185 (Oxford University Press, New York, Second Edition, 2011)
4
Justice and Natural Law, The Irish Jurist, available at: https://www.jstor.org/stable/44026439?read-
now=1&refreqid=excelsior%3A54c308dfd5f72d2be41aaf1f2c8b31d9&seq=3#page_scan_tab_contents (Last
accessed: 13th Nov. 2021)
5
Ibid., qu 95, art 2.

2
 BIBLIOGRAPHY

 Lon L. Fuller, The Morality of Law 5 & 6 (Universal Law Publishing Co. Pvt. Ltd.,
Delhi, Sixth Indian Reprint, 2013)
 John Finnis, Natural Law and Natural Rights 185 (Oxford University Press, New
York, Second Edition, 2011)
 Justice and Natural Law, The Irish Jurist, available at:
https://www.jstor.org/stable/44026439?read-now=1&refreqid=excelsior
%3A54c308dfd5f72d2be41aaf1f2c8b31d9&seq=3#page_scan_tab_contents (Last
accessed: 13th Nov. 2021)
 Ibid., qu 95, art 2.