IS THE CHRISTIAN CONCEPTION OF NATURAL LAW INDISPENSABLE TO A
COHERENT MORAL THEORY OF THE STATE?
Thomas E Hutson
PLCY701B02 Natural Law, The State, and The Gospel
March 6, 2020
Introduction
Over the centuries, different researchers have presented their understanding of natural
law. As a result, there is currently no right or wrong answer in regards to what natural law is, it
all depends on the perspective from which it is addressed, and the evidence used to explain its
existence.1 One of the less common or useful postulations about natural law is that it is an
“observable law relating to natural phenomena.”2 On the other hand, one of the standard
definitions of natural law is that it is a set of unchanging moral principles that govern or explain
human conduct.3 Many theorists argue that the second definition is what was commonly used in
the past to evaluate human nature and explain how mankind should behave and act within
specific frameworks as part of their nature.4 Some theorists explain that each human being is
born with some inherent virtues and principles which govern how they interact with others as
well as how they behave.5 Those that offer theological approaches to understanding natural law
foster the ideology that this innate nature is given to all mankind through God, the creator of all
things.6 Theorists thus argue that God designed man to behave within specific moral codes, and
such codes are what form natural law and that they are also objective and universal.7
Establishing whether the Christian concept of natural law is indispensable to a coherent
moral theory of the state is best achieved when discussed from the perspective of theorists who
made postulations regarding natural law and moral theory of the state. From these postulations
1 Syse, H. 2007. Natural Law, Religion, and Rights: An Exploration of the Relationship between Natural
Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke. South Bend,
Ind: St. Augustine's Press.
2 (Syse, 2007)
3 Ibid
4 Ibid
5 Crowe, Jonathan, and Constance Youngwon Lee. 2019. Research Handbook on Natural Law Theory.
<https://www.elgaronline.com/view/edcoll/9781788110037/9781788110037.xml>.
6 (Crowe, and Youngwon, 2019)
7 Ibid
2
arise the natural law concepts of: justice, statesmanship, covenant, Christian kingship,
democracy, among others. In line with this, this research paper will analyze the thoughts of
several theorists including Plato, Aristotle, Cicero, Thomas Aquinas, Augustine, Luther, Hooker,
Calvin, Hobbes, Locke, Rousseau, and Rawls in order to help explain that natural law is vital to
moral theory of the state often referred to as positive law or legal positivism.
The Moral Theory of the State
To adequately express the vital link between natural law and moral doctrine of the state, it
is essential to understand the moral theory of the state.8 Quintessentially, a moral theory offers
explanations as to why specific actions are right while others are wrong, and it provides
relevance to the concept of justice as morality supports what is right, making what is right just.9
As such, moral theories commonly offer postulations of how and why people need to behave in a
specific manners. With this in mind, the moral philosophy of the state refers to the framework of
understanding what is wrong or what is right according to the laws that have been embraced by
different states.10 Likewise, the moral theory of the state provides a theoretical basis for
understanding positive law and or legal positivism.11 Fundamentally, moral theories of state law
espouse that what is right or wrong is deemed so due to the state, as its leaders establish it to be
so and present this in the form of an enforceable legal system.12
It should be understood that moral theory of the state can be differ in many perspectives
based on where the ideas of what is right or wrong originate. For instance, theorists like Locke,
8 Duke, G., and Robert P., G., 2017. The Cambridge Companion to Natural Law Jurisprudence.
Cambridge; New York: Cambridge University Press.
9 (Duke and George 2017)
10 Ibid
11 Ibid
12 Ibid
3
and Rousseau, argued that morality is a product of mankind.13 This conforms to the moral
subjectivism theory which holds that individuals determine right and wrong based on what they
feel is right and wrong.14 This source of moral values is linked to the values of ethical egoism or
that morality is based on self-interest and acting contrary to such interests is immoral.15 Cultural
relativism, on the other hand, proposes that right and wrong are what society considers as virtue
or vice based on the prevailing culture of the society, and this explains why different cultures
have different morals values and laws.16 There is also the divine command theory which suggests
that morality and religion are intertwined and without God or the gods, there is no morality.17
Utilitarianism is also a source of morality as it explains that something is right or wrong based on
the number of people it affects positively.18 This ideology is akin to democracy, where something
may be regarded as good if the majority believe that it is good.
Another point to note is that most modern theorists who have managed to separate law,
morality and God follow Kantian theory as the source of morality allowing them to conclude that
morality is determined by rationality.19 Such theories tend to degenerate the essence of natural
law to the moral theory of the state. Some theorists, more often modern theorists on matters
about natural law and morality, have espoused that human laws do not comprehensively prohibit
every vice that virtuous men are supposed to avoid.20 This explains why some people can
circumnavigate the legal systems to engage in behaviours and activities which may be deemed as
13 (Duke and George 2017)
14 Ibid
15 Ibid
16 Ibid
17 Ibid
18 Ibid
19 Ibid
20 Ibid
4
being immoral according to natural law, but not enforceable since they are not considered as
defying positive laws.21
Analysis
Plato (428/427 BC-348/347 BC)
Plato is among one of the earliest philosophers to explore the concept of natural law as a
moral theory of justice, which holds that the main foundation of developed laws in morality and
ethics.22 It is important to note that Plato’s ideas on morality, which would go on to influence
Aristotle’s postulations on natural law, are influenced by the ideas that were presented by
Socrates.23 Essentially, Socrates questioned why specific attributes and behaviors were called
good while others wrong.24 The objective of Socrates was to determine whether what mankind
refers to as ‘good’ is good because it is good or it is because ‘the gods’ have willed it so.25 Plato
interpreted Socrates’ ideas to mean that there exist some standards for distinguishing good from
bad that is separate from the divine.26
In his theories, Plato believed that divinity exists and that it is the source of morality.
Divinity, according to Plato, is what accords individuals with the cognition and sense of right
from wrong.27 Evidence of this is found in his work Euthyphro.28 In Euthyphro, Plato quotes
Socrates as saying: "Consider this: is what is pious loved by the gods because it is pious, or is it
21 (Duke and George 2017)
22 Grabill, S. J. 2006. Rediscovering the Natural Law in Reformed Theological Ethics. Grand Rapids, MI
[etc.]: Eerdmans.
23 (Grabill, 2006)
24 Crowe, J. 2019. Natural Law and the Nature of Law. Cambridge; New York: Cambridge University
Press.
25 (Crowe, 2019)
26 Ibid
27 Finnis, J. 2011. Natural Law and Natural Rights. Oxford: Oxford University Press, 2011.
28 (Finnis, 2011)
5
pious because the gods love it? (Euthyphro, 10a)".29 However, Plato’s ideas brought about
several questions and concerns. For example, some theorists have argued that Plato’s theories
suggest that morality is arbitrary meaning that in the long run, God is the one who allows some
immoral acts to happen by condoning them.30 Modern theorists like Hobbes, Locke, Rousseau,
and Rawls have challenged the ideas forwarded by Plato by pointing out that if God is good,
cannot do evil and instilled morality in everyone. Based on this, good and in turn morality are
absolute; and, this means that there would be no need for a moral theory of the state.31 For
instance, if everyone knows that killing and stealing is wrong, then no one will engage in such
immoral acts. However, the reality is that a significant number of people participate in sinful
actions and behavior.32 Moreover, there would be more immoral acts if the law did not exist to
punish and dissuade them from engaging in such behaviors.33 The culmination of these human
acts essentially means that both natural law and positive law need to co-exist for justice to
prevail.34 As such, the two are mutually inclusive and indispensable to one another.
The conception of natural law is indispensable to the moral theory of the state, and
classical theorists largely conceded that natural laws are objective and universal. In this regard,
the principles and morals of natural laws are present in all of the existing political orders.35 This
is to say that despite having a separate set of state laws, some common laws exist in every state
across the globe. Such laws include that it is wrong to kill, steal and also that breaking existing
laws is wrong.36 These are examples of moral principles derived from natural law, thus proving
its influence over positive law. Most of the classical theorists had presented natural law as free
29 (Finnis, 2011)
30 Ibid
31 (Grabill, 2006)
32 Ibid
33 Ibid
34 Kainz, H. P. 2004. Natural Law: An Introduction and Re-Examination. Chicago: Open Court.
35 (Kainz, 2004)
36 Ibid
6
from the influence of man, instead it is what governs or influences the decisions and actions of
man.37 Based on this understanding, it is deducible that natural law is what establishes a guiding
framework that determines the provisions of moral state laws. Borrowing from the works of
Plato, Aristotle (384–322 B.C.E.) largely espoused that man can become perfect, so long as they
are willing to live by how nature dictates they should live.38 He explained this by suggesting that
man is, by nature good, because of natural laws that are universal and innate in everyone.39 He
suggests that everyone knows right from wrong, even before being taught what is right or wrong.
It is thus justifiable that natural law exists even in the absence of positive law but does not
suggest that positive law can exist in the absence of natural law.40
Marcus Tullius Cicero (106 BC-43 BC)
Marcus Tullius Cicero is one of the first legal philosophers in history, and he believed
that law is derived from God, nature and human reason. The basis of Cicero’s ideologies on
natural law includes that natural laws are not only subjective codes of conduct.41 Rather natural
laws are universal principles that dictate moral conduct for communities and societies. He
explained that natural law is what offers a blueprint of how a society ought to act.42 Natural law
played integral roles in Cicero’s political philosophies, as is made evident by his actions and
37 Van Broekhoven, H. A..2017. MORALITY AND LAW IN A GLOBAL SOCIETY: A PLACE FOR
NATURAL LAW THEORY? Frontiers of Law in China 12. no. 4: 626-672,
https://search.proquest.com/docview/1989487728?accountid=45049.
38 (Van Broekhoven, 2017)
39 Ibid
40 Ibid
41 Alonso, F. 2012. Cicero and Natural Law. ARSP: Archiv Für Rechts- Und Sozialphilosophie / Archives
for Philosophy of Law and Social Philosophy, 98(2), 157-168. www.jstor.org/stable/24769084.
42 (Alonso, 2012)
7
assertions. He strongly believed that for justice to prevail in society, the nature of humanity must
be first understood. He argued that this is because the reasoning capabilities of individuals are
guided by moral principles which are by nature intrinsic, thus possessed by everyone.43
It is important to note that even though not an atheist, Cicero believed that divinity and
morality in law need to be separated. He believed in the existence of divine reason as an
explanation of why the world is ordered in the manner it is.44 He believed that this divinity is still
what influenced man’s understanding of the law. However, as presented in the middle chapters of
his work De Re Publica, Cicero can be seen as also believing in the existence of free will,
arguing that free will had considerable influence over the actions and decisions that people
make.45 Cicero argued that although a supreme divine being existed, man could still make
independent decisions. Cicero’s concepts help explain his idea that law is a product of human
reason as much as it is a product of natural law and God.46 The evidence of Cicero’s ideas on free
will include the fact that individuals who act contrary to natural law are fleeing from themselves
by rejecting their own nature.47 His findings have been interpreted to mean that individuals who
adhere to positive laws are conforming to divine laws as well as natural laws.48 Moreover, they
are displaying their autonomy in legislation. Fundamentally, Cicero believed that human law that
is derived from human reasoning incorporates the concepts of natural law and that is how the
laws can generate harmony.49 Cicero’s ideas are in support of the philosophical thought that
natural law is important to the moral theory of state in as much as some public policies change
43 (Alonso, 2012)
44 Ibid
45 (Meany 2018)
46 Ibid
47 Ibid
48 Ibid
49 Ibid
8
over time while other policies never change. Cicero mentioned that such laws are common in
different regions like in Rome and Athens.50
Thomas Aquinas (1225-1274)
The ideologies that were espoused by Aquinas indicate the value and importance of
natural law to the moral theory of the state. First of all, it is important to note that Aquinas
divided law into four groups. The groups include “eternal law,” “divine law,” “natural law,” and
“positive,” or “human law.”51 His postulations include that there exist some laws that are only
known by God and as such, they cannot be implemented in social lives.52 Aquinas did not delve
much in such laws since humans cannot understand them as they are only known to God. The
next set of laws are divine laws, and these are laws that are revealed to mankind to guide man’s
moral and religious life. It is such laws that help draft the laws of man that govern them. The
third set is the natural law and they are inherent laws, and as a result, even without expressing
them formally or ‘legally,’ they are still used to guide mankind.53 Examples of such laws include
that it is wrong to steal, cheat, lie, or maliciously destroy other people’s properties, among others.
These are also the legally binding laws enforced through state legislation.54 Such laws share a lot
of similarities and that is why it is difficult to separate the two and determine that one does not
influence the others.55 Thus, it supports the idea that natural law cannot be separated from the
moral theory of the state.
50 Alonso, (2012)
51 Maritain, J., and William S., 2001. Natural Law: Reflections on Theory and Practice. South Bend, Ind:
St. Augustine's Press,
52 (Maritain, and William, 2001)
53 Ibid
54 Ibid
55 Ibid
9
Many studies reveal that Aquinas made a tremendous attempt when it came to linking the
philosophy of natural law and religion. He managed to achieve this in his work Summa
Theologiae56 where he agreed with earlier theorists that the world is orderly. 57 Aquinas
explained that this order was truly divine and also offered that the evidence of this is in the
existence of universally accepted truths. For example, even if a child grows in isolation, when he
or she becomes an adult, he/she will still hold the idea that it is wrong to kill or harm others.
Such universally acceptable norms are what Aquinas termed as being acceptable moral truths.
He also attempted to separate world views from religion through his four groups of natural law.58
Aquinas emphasized that God is supreme, which is evident in the high number of moral values
such as upholding the sanctity of human life.59 Aquinas goes on to express that positive law is a
man-made product and that with the absence of natural as well as divine and eternal law, positive
law would be a product of the interests of state leaders.60 However, this is not the case proving
that natural law has a direct and profound influence over the moral theory of the state.61
In his theory, Aquinas suggests that the four groups of law must work in tandem so that
society can experience justice. Justice is derived from implementing and enforcing the laws of
man which are in turn, established from eternal, divine and natural law.62 Aquinas further
acknowledged that times and situations often change; hence, he suggested that human laws
should always adjust to changing circumstances. Aquinas emphasized that the changes must
always be aligned to God’s grand design. This he explains to occur because the world is orderly
56 (Kainz, 2004)
57 Hill, J. L. 2016. After the Natural Law: How the Classical Worldview Supports Our Modern Moral and
Political Views. San Francisco: Ignatius Press.
58 Ibid
59 Ibid
60 Ibid
61 Dimmock, M., & Fisher, 2017. A. Chapter 4. Aquinas’s Natural Law Theory. In Ethics for A-Level: For
AQA Philosophy and OCR Religious Studies. Open Book Publishers. Retrieved from
http://books.openedition.org/obp/4422.
62 (Dimmock, & Fisher, 2017)
10
and that there exists the rule of God which oversees the rule of man; hence, state laws are
dictated by the Christian concept of natural law.63
As a result of the views presented by Aquinas, most of the earlier Christian based
theories on natural law focus on divinity and revolve around the claim that morality is a character
of God.64 The Christian based theories including the one proposed by Aquinas further propose
that people are not capable of living moral lives if they do not accept and or follow the moral
teachings of God.65 This means that the divine ideologies of natural law are unable to separate
the relationship between morality and God. By this virtue, it is arguable that all Christian
theorists on natural law, including Augustine and Aquinas, support the idea that natural law is
indispensable to a coherent moral theory of the state.66 It is also arguable that the theorists
forward that the best way of achieving statesmanship is through leading moral lives which means
following God’s commands.67
Saint Augustine of Hippo (354 AD-430 AD)
According to Augustine, conformity to natural law is the closest that individuals will be
to perfection as natural law is the same as man’s pre-fall state.68 Augustine explains that because
man disobeyed divine law ascribed in natural law, man essentially went against his own nature
and must seek penance and salvation to achieve the perfection that he once had.69 Principally,
Augustine attempted to connect natural law and divine law; and, he proposed that people are
63 McConnell, D. R. (2008) "The Nature in Natural Law." Liberty University Law Review Volume 2 Issue
3, 2008: 797-848.
64 (McConnell, 2008)
65 Ibid
66 (Syse, 2007)
67 Ibid
68 Ibid
69 Ibid
11
governed by two things: natural law and usages (mos, moris, mores).70 It is quite evident that
Augustine’s ideas had divine influence with morality as the central theme. He promoted the idea
that natural law is outlined in the Gospel as well as the law of man and because of this it is
impossible to have one without the other.71 Augustine summarized his assertions regarding
natural law being articulated in the Bible by pointing out that people should always be guided by
love in what they do and the decisions that they should always do to others what they expect
others to do to them [The Golden Rule] (Decretum, D.1 d.a.c.1; ca. 1140 AD).72 Augustine
believed that natural law is not derived hypothetically from nature. Rather he believed that
natural laws are written on the hearts of everyone, and because of this, in the absence of a moral
theory of the state, people of different specific regions usually still behave in a morally upright
manner.73
According to Augustine, positive law was necessitated by man’s fall since after falling,
man became sinful. As such, mankind stopped conforming fully to the dictates of natural law.74
This suggests that humans can reason for themselves and as a result, decide whether to act
morally or not. This argument fits with the current questioned posed for this research paper- the
moral theory of state is necessitated by the fact that without formal laws, man is capable of even
more evil.75 Therefore, it can be argued that natural law exists without positive law, but positive
law cannot exist in the absence of natural law.76 Instead, the positive laws are designed to offer a
platform that facilitates the enforcement of some principles of natural law. Augustine further
believed that since it derives its influence and specific attributes from natural law, it is difficult
70(Crowe, 2019)
71 Ibid
72 Ibid
73 Ibid
74 Ibid
75 Smith, B. W. 2015. “Augustine’s Natural Law Theory in De Libero Arbitrio.” Irish Theological
Quarterly 80, no. 2: 111–35. Doi:10.1177/0021140014564552.
76 (Smith, 2015)
12
for positive laws to promote justice, if and when they are unjust.77 This idea suggests that when
left to develop positive law without the guidance of natural law, man is capable of establishing
laws that are not entirely moral, hence they are unjust.78 The above assertions explain why
Augustine argued that man is governed by both natural law and positive law, however, in the
absence of natural law, man’s positive law can easily end up being unjust.79
Martin Luther (1483 AD-1546 AD)
Martin Luther is among the leading Protestants who forwarded presentations regarding
natural law. According to Luther, natural law is founded in the commandments enshrined in the
Decalogue.80 He opined that most of the commandments, like the laws against adultery, and
murder, are written on everyone’s heart, while the rest are taught and are easy to understand. His
theories use the distinction between the law of the nations (ius gentium) and natural law (ius
naturale).81 Luther believed that God is the architect of the world and everything in it and that
His creative love includes the natural laws and rights that each man possesses. According to
Luther, natural law is what aligns mankind with the principles that God wanted man to have.82
In line with the current discussion, it is evident that Luther believed that the moral theory
of the state does not have credence in the absence of natural law.83 He further explained that
there exists a higher law other than the existing state laws that govern different regions. He
77 Faulkner, Robert. 2019. RICHARD HOOKER (1554–1600) and NATURAL LAW.
http://www.nlnrac.org/classical/richard-hooker (accessed January 26, 2020).
78 (Faulkner, 2019)
79 Lee, C. Y. 2014. "CALVINIST NATURAL LAW AND THE." The Western Australian Jurist Volume 5,
2014: 153-176.
80 Alfsvåg, K. 2016. Natural Theology and Natural Law in Martin Luther. Oxford Research Encyclopedia
of Religion. https://oxfordre.com/religion/view/10.1093/acrefore/9780199340378.001.0001/acrefore-
9780199340378-e-368.
81 (Alfsvåg, 2016)
82 Ibid
83 Charles, Daryl. THE PROTESTANT REFORMERS and the NATURAL LAW TRADITION. 2019.
https://www.nlnrac.org/classical/protestant-reformers.
13
considered that the natural laws are the standard with which the importance of positive law can
be measured. According to him, evidence of laws that are higher than the laws of man can be
seen in the absence of any formal laws. This allowed communities such as the Israelites to
coexist harmoniously without people engaging in immoral acts against one another.84 Using the
arguments forwarded by Luther, one can argue that statesmanship can best be achieved through
following God’s teachings, more so the Ten Commandments.85 He also strongly debated that
natural law exclusively determines the process of equity and justice. It is important to note that
Luther’s theories dictate that in their universal nature and characteristics, natural law governs
everyone including non-Christians.86 He explained that it is the divinity and supremacy of God
that allows humans, including the non-believers, to establish laws that are akin to moral values
inherent in natural law.87
Richard Hooker (1554-1600)
Hooker is a theorist whose ideas on natural law heavily borrowed from the works of
Aquinas. He agreed with the assertions of Aquinas that there is a separation between natural law
and eternal law; and, that eternal law is beyond the comprehension of humanity. This is despite
its massive influence, for instance, over the common laws that man establishes.88 Hooker
believed that God influences everything and that God has accorded man with the opportunity to
depend on their natural reason to choose good over bad.89 He believed that men do not always
conform to natural law and this usually results from their free will rather than the influence of
84 (Charles, 2019)
85 (Alfsvåg, 2016)
86 Ibid
87 (Hill, 2016)
88 Torrance K. (1999) Richard Hooker's Theory of Natural Law in the Context of Reformation Theology.
The Sixteenth Century Journal, 30(3), 681-703. doi:10.2307/2544812.
89 (Torrance, 1999)
14
God.90 Hookers theories offer one of the best examples of Christian Kingship where Christians
are identified as having an advantage in regards to their position to learn directly from God’s
example and strive for what can be considered as perfection by living according to the standards
set by natural law.91
In one of his most famous works Of the Lawes of Ecclesiastical Politie, Hooker
explained that the main source of law is the scripture, and as such, the scripture should govern all
human conduct.92 In the book, Hooker contends that leadership and authority are commanded in
the Scriptures and that it is the kingship right of all Christians to adhere and conform to existing
authorities, including by abiding to set laws.93 For this to be achieved, the moral theory of the
state must be influenced by natural law. This is because true Christians can never go against
natural law, even if the positive laws misguides them.94 He argued that natural laws are an
unalterable form of church government provisions which must influence state laws. Of note,
Hooker strongly emphasized the importance of Christians to follow natural law which he
believed to be supreme over positive law because he witnessed that some governments including
church governments, have been corrupted.95 In line with this, Hooker explained that there exists
good monarchies and democracies, as well as bad ones; what was important was that people have
piety.96
John Calvin (1509-1564)
90 (Torrance, 1999)
91 (Faulkner, 2019)
92 Ibid
93 Ibid
94 Ibid
95 (Torrance, 1999)
96 Ibid
15
It is effortless to deduce John Calvin’s position regarding whether the Christian
knowledge of natural law is indispensable to a coherent moral theory of the state. This is because
the central feature of Calvin’s theory is that God is the sole measure of good.97 Calvin’s theory
implies that God is the one who determines what is good and what is bad. Calvin espouses that it
is through God’s divinity and sovereignty that people have what can be considered as a moral
compass.98 He argues that the doctrines of God are the main source and standard measure of
positive law. This is to say that if God does not consider it to be good or moral, then it is not.
Essentially this means that the Christian conception is indispensable to positive law.99 The ideas
that Calvin forwarded are what make it possible to separate normative and descriptive
dimensions.
According to Calvin, people should act in goodwill in regards to pursuing morality in all
that they do. However, not everyone conforms to natural law and that is why positive law
becomes a necessity because it ensures that people are encouraged to follow moral principles in
their actions and decisions.100 Calvin proposed that God designed the world in such a manner that
people are free to choose good from the bad or right from wrong. However, in their interactions
with others, some individuals commonly end up engaging in immorality or wronging others. 101
Calvin supposes that when pursuing justice or redress against injustices and or evil, ‘the good’ as
established in natural law is usually used to represents a normative destination for all positive
97 (Lee 2014)
98 Ibid
99 Ibid
100 Pryor, Scott. 2006. "God's Bridle: John Calvin's Application of Natural Law." Journal of Law and
Religion, Vol. 22, No. 1: pp. 225-254.
101 [ CITATION LEE14 \l 1033 ]
16
laws. 102 Fundamentally, Calvin presented that in the absence of natural law, the moral theory of
the state will fail to achieve efficiency.103
Thomas Hobbes (1588-1679)
Hobbes offers several lessons and principles regarding natural law. For instance, he
questions the difference and relevance between the law of nature (lex naturalis) and right of
nature (jus naturale).104 One of the premises proposed by Hobbes includes that in a savage state
of nature, man can be seen to be at war with one another, yet in a state of innocence he can be
seen as living blissfully and in a right way.105 He ended up underscoring that the state of
innocence only existed in biblical times and in reality the state of nature is that man is at conflict
with each other and to some extent with nature. To indicate that Christian conception and
positive law are not significantly intertwined, Hobbes used the example that when left to operate
autonomously without any law, man can be very destructive to his life and harmful to the life of
others.106 He argued that for peace in society, positive law needs to exist with or without the
presence of natural law.
Arguably, Hobbes does not offer a direct correlation between Christian concepts of
natural law and public policy formation. He alludes that the concept of a social contract in
present times of enlightenment and democracy accords people with an opportunity to select
leaders who will promote the most essential moral values to positive laws.107 Selecting leaders,
102 [ CITATION Sco06 \l 1033 ]
103 Vandrunen, David. 2004. "The Context of Natural Law: John Calvin's Doctrine of the Two Kingdoms."
Journal of Church and State; summer 46, 3; ProQuest: 503-526.
104 Hochstrasser, T. J., and Peter S. 2007. Early Modern Natural Law Theories: Contexts and Strategies in
the Early Enlightenment. Dordrecht: Kluwer Academic Publishers.
105 (Hochstrasser, 2007)
106 Ibid
107 Ibid
17
according to Hobbes, is done to help minimize conflicts which allows the creation of a platform
for justice. In his work, Leviathan, Hobbes explains that in the absence of sovereign leadership,
the state of nature would be such that security in the society would not be a guarantee.108 Hobbes
is one of the few theorists that dispute the idea that natural law is indispensable to positive law.
John Locke (1632-1704)
The postulations made by Locke directly contradict the views that were held by Hobbes.
Locke believes that Hobbes was pessimistic in his assertions of the state of nature as being the
state of society.109 He espoused that in most democracies, people out of their own free will
already observe natural law. Locke observed in his work Two Treatises of Government that all
men are created equal with equal rights and claims.110 He contradicts Hobbes and Hooker in their
idea that divine authorities command leadership and authority. He believed in the idea that as a
result of natural law, there exist certain universal truths, including the right that everyone has to
life and liberty which cannot be overruled by positive laws.111 Such laws according to Locke, are
independent of positive law, and they show the value that natural law has to positive law.112 He
argued that positive law is simply part of the social contract that accords regimes with
legitimacy. This means that positive laws are present to safeguard the lives, property and liberty
of individuals, as well as ensure that people live peacefully in the society. This is the goal that the
108 Ibid
109 Braybrooke, David. Natural Law Modernized. Toronto [Ontario]; Buffalo [New York]; London
[England] : University of Toronto Press, 2001.
110 (Braybrooke, 2001)
111 Ibid
112 Ibid
18
Christian understanding of natural law sets out to achieve.113 This is why it is argued that Locke’s
theory supports the affirmative in regards to natural law being relevant to positive law.
Jacques Rousseau (1712-1778)
Rousseau held views that were similar to traditional classical theories in regard to man
being good by nature. He espoused that the state of nature was that of innocence and not full of
conflict as proposed by Hobbes.114 Rousseau goes on to insist that civilization and modernity are
the attributes that corrupt morality and the overall state of nature. He argues that in the past,
people lived autonomously and that they were content and lived within moral guidelines.115 In
addition, he argues that pestilence and strife were rare or even absent and, desires were
minimalized. However, civilization changed all of this and nature egoism has taken root in
present times while the contempt for one another developed.116 Rousseau argues that one man is
as good as another; the only difference is that the modern separation of natural law from positive
law is what paved the way for the corruption of man.117 Thus, he believes that the moral theory of
the state without Christian based ideas of natural law is self-defeating, therefore ineffective and
even unnecessary.118
John Rawls (1921-2002)
Rawls is one of the modern theorists of natural law, and his ideas are founded on
liberalism. Rawls proposed the theory of ‘justice as fairness’ in two of his works, A Theory of
113 Ibid
114 Sorenson, L. 1990. "Natural Inequality and Rousseau's Political Philosophy in His Discourse on
Inequality." The Western Political Quarterly 43, no. 4: 763-88. doi:10.2307/448735.
115 (Sorenson, 1990)
116 Ibid
117 Carr, Craig L. 2002. "Political Theory: Natural Law Modernized." The American Political Science
Review 96, no. 4: 799, https://search.proquest.com/docview/214414376?accountid=45049.
118 Ibid
19
Justice (1971) and Political Liberalism (1992) where he first proposes that people are free and
equal, and people act cognitively within their social spaces where they rationally pursue good.119
The second is that a democratic society is one where there is a free and fair cooperation among
all citizens. He advocated that the political conception of justice depends more on rationality as
the foundation of positive law, rather than natural law as pertains to Christian ideas.120 His
argument about the current topic is that just like the fact that not everyone is Christian, the
natural law which he considers as a flawed pursuit towards perfection is not a prerequisite for
positive law.
Conclusion
In conclusion, the findings presented above indicate that most theorists offer postulations
that suggest that the Christian understanding of natural law is of paramount importance to a
coherent moral theory of the state. The findings show that some of the earliest underpinnings of
natural law presented by Plato and Aristotle indicate that divinity is the source of morality and
that this morality is what guides the formulation of positive laws. The findings further suggest
that early Christian based theories on natural law promote God’s sovereignty and the idea that
without the Christian conception of natural law, positive law would be ineffective. It is only a
few modern theorists, more notably Hobbes and Rawls, who argue that the Christian
understanding of natural law is not a prerequisite for an effective moral theory of the state.
119 (Duke, and Robert, 2017)
120 Ibid
20
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