LAW OF NATURE. That law which God, the sovereign of the universe, has prescribed to all men, not by any formal promulgation, but by the internal dictate of reason alone. It is discovered by a just consideration of the agreeableness or disagreeableness of hu man actions to the nature of man ; and it comprehends all the duties which we owe ei ther to the Supreme Being, to ourselves, or to our neighbors: as, reverence to God, self defence, temperance, honor to our parents, benevolence to all, a strict adherence to our engagements, gratitude, and the like. Er skine, Pr. Sc. Law 1. 1. 1. See Ayliffe, Pand. tit. 2, p. 2 ; Cicero, de Leg. lib. 1.
The divine will, or the dictate of right reason, showing the moral deformity or mor al necessity there is in any act, according to its suitableness or unsuitableness to a rea sonable nature. Sometimes used of the law of human reason, in contradistinction to the revealed law, and sometimes of both, in con tradistinction to positive law.
They are independent of any artificial con nections, and differ from mere presumptions of law in this essential respect, that the lat ter depend on and are a branch of the par ticular system of jurisprudence to which they belong ; but mere natural presumptions are derived wholly by means of the common experience of mankind, without the aid or control of any particular rule of law, but simply from the course of nature and the habits of society. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts. Greenl. Ev., 15th ed. § 44.
The primitive laws of nature may be re duced to six, namely: comparative sagacity, or reason ; self-love ; the attraction of the sexes to each other ; the tenderness of par ents towards their children ; the religious sentiment ; sociability.
When a man is properly organized, he is able to distinguish moral goon from moral evil ; and the study of man proves that man is not only an intelligent but a free being, and he is, therefore, responsible for his ac tions. The judgment we form of our good actions produces happiness ; on the contrary, the judgment we form of our bad actions produces unhappiness.
Every animated being is impelled by na ture to his own preservation, to defend his life and body from injuries, to shun what may be hurtful, and to provide all things requisite to his existence. Hence the duty
to watch over his own preservation. Sui cide and duelling are, therefore, contrary to this law ; and a man cannot mutilate him self, nor renounce his liberty.
The attraction of the sexes has been pro vided for the preservation of the human race ; and this law condemns celibacy. The end of marriage proves that polygamy and polyandry are contrary to the law of nature. Hence it follows that the husband and wife have a mutual and exclusive right over each other.
Man from his birth is wholly unable to provide for the least of his necessities ; but the love of his parents supplies for this weak ness. This is one of the most powerful laws of nature. The principal duties it imposes on the parents are to bestow on the child all the care its weakness requires, to provide for its necessary food and clothing, to instruct it, to provide for its wants, and to use coer cive means for its good, when requisite.
The religious sentiment which leads us naturally towards the Supreme Being is one of the attributes which belong to humanity alone ; and its importance gives it the rank of the moral law of nature. From this sen timent arise all the sects and different forms of worship among men.
The need which man feels to live in so ciety is one of the primitive laws of nature whence flow our duties and rights ; and the existence of society depends upon the con dition that the rights of all shall be re spected. On this law are based the assist ance, succors, and good offices which men owe to each other, they being unable to provide each every thing for himself.
In the Middle Ages, the law of nature, identified by Grattan with the law of God, was regarded by the canonists and civilians as the reasonable basis of all law. In Eng lish law not so much is heard of the law of nature. The work done elsewhere by it was done in England by "reason." 2 Holdsw. Hist E. L. 512. See Pollock, Journ. of Comp. Legisl. (1900) 418 ; [1908] 1 Ch. 311. It is the living embodiment of the collective reasoning of civilized mankind and as such is adopted by the common law in substance, though not al ways by name. Pollock, Expansion of C. L. 128.
See JURISPRUDENCE; JUS NATURALE ; IN TERN ATIONAL LAW.