Intro to Paralegal Studies Practice

Which concept suggests that law exists independently of human authority?

1. Positive Law

2. Naturally Just Law

3. Natural Law

4. Constructed Law

The correct answer is: Natural Law

The concept that suggests that law exists independently of human authority is rooted in Natural Law. This philosophical framework posits that there are certain inherent moral principles guiding human behavior, and these principles are universal and applicable to all people, regardless of specific laws enacted by governments or societies. This perspective holds that human beings have the ability to recognize these natural rights and moral truths through reason, making Natural Law a foundational concept in various fields, including ethics, legal theory, and justice. Natural Law contrasts with other theories such as Positive Law, which asserts that law is defined by enacted statutes and regulations created by governing authorities. It underscores the importance of inherent rights and universal standards that exist irrespective of human legislation. In this way, Natural Law serves as a critique of legal systems that do not align with moral principles, suggesting that true justice stems from these higher truths rather than mere human constructs.