Natural Law, International Law, and Classic Philosophers

Introduction
The concept of natural law has been central to legal and political philosophy for centuries. It
seeks to understand what is just, universal, and binding upon all humans, based not on societal
enactments but on human nature, reason, and morality. Natural law forms the foundation for the
idea of human rights, which are inherent and inalienable, and guides the creation of just human
laws and international norms. Philosophers from ancient Greece, the Roman era, the Scholastic
period, and the Enlightenment contributed to the development of these ideas, influencing not only
domestic legal systems but also the framework of modern international law. According to sources
such as Bernardo’s Philawsophia, natural law differs from positive law because it applies
universally, is unchanging, and derives from human rationality and moral capacity, rather than from
the decisions of rulers or legislative bodies.
I. The Nature of Mankind
Ancient Greek philosophers believed that humans share a common nature, a capacity for
reason, that distinguishes them from other species. Rationality allows humans to evaluate actions
in terms of right and wrong, fairness and injustice, and to organize themselves in pursuit of
collective and individual well-being. This rational nature is reflected in the Golden Rule, “Do unto
others as you would have them do unto you”, a moral precept shared by all major religions.
Humans are unique in that they do not merely reproduce and survive; they form families,
educate children, establish social norms, and create complex systems of governance. Rationality
drives humans to seek self-preservation, perpetuation of the species, and societal organization,
which naturally leads to the creation of laws that embody fairness, equity, and justice. This
recognition of universal moral principles laid the groundwork for natural law, a system of justice
that transcends local customs, government decrees, or positive law.
II. Phases of Natural Law Theory
Natural law theory has evolved over time, undergoing distinct phases that reflect different
philosophical and historical contexts:
Classical Phase – In ancient Greece and Rome, philosophers such as Aristotle and the Stoics
emphasized human reason and the existence of universal principles of justice. They believed that
humans could discern right from wrong through rational reflection, forming the basis for both ethics
and law. The classical phase emphasized common human nature and the precepts of equity as
universal guides for human action.
Scholastic Phase – During the Middle Ages, thinkers like St. Thomas Aquinas integrated
Christian theology with natural law philosophy. Aquinas argued that natural law represents man’s
participation in eternal law, which reflects God’s divine reason governing the universe. Natural law
directs humans toward their natural ends, including self-preservation, procreation, social living,
and knowledge-seeking, while divine law guides humans toward supernatural ends, which reason
alone cannot achieve.
Enlightenment or Modern Phase – Philosophers of the Enlightenment, such as Immanuel Kant,
shifted natural law into a focus on human rights and duties. Kant’s categorical imperative
reinterpreted the Golden Rule, asserting that one should act only according to principles that could
become universal law. This period emphasized that human beings inherently possess dignity and
rights, which governments and societies have a moral obligation to recognize and protect.
International Law Phase – Natural law principles evolved into the foundation of international law,
where they provide universal norms for relations between nations. Philosophers such as Hugo
Grotius argued that humans naturally seek to live in organized, peaceful societies and honor
mutual agreements, forming the basis of treaties, leagues, and collective security arrangements.
This phase established the concept of a law of nations, or jus gentium, grounded in universal
human reason and ethics.
III. Plato and the Ideal Law
Plato’s philosophy of law focused on the idea of the ideal society. In The Republic, he
envisioned a Statist regime led by a “philosopher-king,” a ruler embodying wisdom, virtue, and
moral excellence. For Plato, natural law was not intended for ordinary humans but represented the
standard of the ideal man, guiding law and society toward perfection. Plato’s political vision was
hierarchical, with rulers (wisdom), warriors (strength), and workers (basic needs), emphasizing
that the wisest and most virtuous should govern.
In The Laws, Plato shifted focus from the philosopher’s authority to the rule of law, insisting
that laws must be rational, transparent, and understandable. He advocated for preambles and
explanatory notes, which justify and clarify legal provisions for citizens, a practice still found in
constitutions and legislative documents today. Plato’s philosophy illustrates the balance between
the ideal moral standard and practical governance through codified laws.
IV. Wrestling for Ideal Law
Ralph Waldo Emerson once remarked that “all philosophy is a footnote to Plato,” which
highlights the profound influence of Plato on the development of Western thought and legal
philosophy. As a young man, Plato was initially drawn to politics. His birth name was Aristocles,
but because of his broad shoulders, his wrestling coach, Ariston of Argos, gave him the nickname
“Platon” or Plato, which became the name by which history knows him.
Plato was a student and admirer of Socrates, and he frequently used his mentor as a
mouthpiece in his philosophical writings. One of his most significant works, The Republic, uses
Socratic dialogues to explore the nature of justice and the ideal government. This method of
dialogue and dialectics, known as the Socratic method, involves questioning, answering, and
critical discussion to test a student’s understanding of ideas. To this day, this method remains a
preferred style of teaching in many law schools in the United States and the Philippines. Its
purpose is to determine whether students not only memorize legal provisions but also comprehend
their meaning and can defend their interpretations under debates and cross-examination.
Plato also illustrated his philosophy through the famous Allegory of the Cave, where he
depicted people who have spent their entire lives chained inside a cave, seeing only shadows of
reality projected on a wall. For Plato, this represents human ignorance and the importance of
seeking truth beyond appearances, an idea that deeply influences our understanding of justice
and law.
Plato’s legal philosophy can be divided into two phases, based on his works The Republic and The
Laws.
1. The Republic
In The Republic, Plato envisions an ideal state governed not by the masses but by a
benevolent dictator, an educated philosopher-king. He believed that only a ruler possessing
wisdom, rationality, and moral virtue could create a just and prosperous society. A modern
example often compared to this concept is the city-state of Singapore under Lee Kwan Yew,
whose strict yet visionary leadership transformed the nation into a model of progress and stability.
For Plato, natural law was not the law of the common man, but rather the law of the ideal man, a
perfect standard that humanity strives to achieve even if it cannot fully attain it. Much like the
concept of the “superhuman” or “perfect individual”, the ideal man may not exist, but the vision of
such perfection should guide how laws are created and enforced. In this sense, law is aspirational,
it seeks not only to regulate society but also to shape it towards an ideal form. Plato also believed
that the state is hierarchically structured, composed of three main classes:
 The noble rulers (the head), who govern through wisdom;
 The warriors or guardians (the heart), who defend the state and enforce order; and
 The workers (the stomach), who provide for society’s material needs.
For Plato, “the noble should rule over the ignoble”, meaning that leadership should be
entrusted to the most educated and virtuous individuals. One’s level of education determines one’s
social role and responsibility in society.
2. The Laws
In his later work, The Laws, Plato revised his earlier vision of a state ruled by a philosopher-
king and emphasized instead the rule of law as the foundation of a just society. While wisdom and
rational thought remain essential, Plato argued that these must be embodied in laws rather than
entrusted to a single ruler. Laws, therefore, become the primary safeguard of justice. Plato also
stressed the importance of making laws clear and understandable to the citizens they govern. He
proposed that laws should be preceded by preambles, explanatory statements that set out the
purpose and reasoning behind each provision. These preambles persuade the people of the
rightness and fairness of the laws, ensuring voluntary compliance and respect for authority.
Modern constitutions and proposed bills, which often include preambles and explanatory notes,
reflect this Platonic principle, showing how his ideas remain relevant in contemporary legal
systems.
V. Aristotle on Rational Law
Aristotle, Plato’s student, is recognized as the Father of Natural Law for his articulation of
dikaion physikon, or natural right or justice. Aristotle maintained that while societies may enact
conventional laws tailored to specific cultures and times, there exists a common law or natural law
accessible through reason. This law provides a standard for judging whether particular human
laws serve the true purpose of human existence.
For Aristotle, the ultimate goal of life is happiness (telos), achieved through virtuous living
and moderation, known as the “golden mean.” Virtue is the practice of reason, and a person of
character (ethos) exercises self-restraint and moral judgment in pursuit of the good life. Aristotle
also classified governments into six forms: Monarchy, Aristocracy, and Polity (good forms), and
Tyranny, Oligarchy, and Radical Democracy (corrupt forms). He emphasized that stable societies
rely on a strong middle class, which balances extremes of wealth and poverty and minimizes
social conflict.
VI. The Stoics and Universal Natural Law
The Stoics contributed to natural law theory by emphasizing the equality of all humans
under universal principles. They believed that all people possess a divine spark, enabling them to
act virtuously regardless of social status, wealth, or power. Stoicism teaches that true happiness
comes from acting in accordance with reason and virtue, rather than being swayed by excessive
desires, pleasures, or pains.
The Stoics also stressed simplicity and moderation, arguing that human societies
experience scarcity and unrest when citizens desire unlimited luxuries. For the Stoics, the essence
of natural law is rational, universal, and morally binding, applicable to all humans irrespective of
external conditions or social hierarchies.
VII. Aquinas on Natural Law and Human Law
 Thomas Aquinas integrated natural law with Divine Law, emphasizing that the universe is
governed by eternal law, reflecting God’s reason. Humans participate in this law through their
rational nature. Natural law guides humans toward natural ends, such as self-preservation,
procreation, social living, and knowledge. Divine law, revealed through scripture, guides humans
toward supernatural ends, addressing moral and spiritual needs beyond human reason.
Aquinas identified five natural inclinations:
 To do good and avoid evil.
 To preserve life and sustain oneself.
 To procreate and perpetuate the species.
 To live in community with others.
 To seek knowledge and exercise reason.
Natural law provides general principles, while human law applies these principles to specific
circumstances. Rights can be categorized as natural rights, inherent and universal, or positive
rights, granted through agreements, laws, or societal conventions. Human law must reflect natural
law to be legitimate, but the application may vary according to social needs, customs, and
circumstances.
VIII. Enlightenment Philosophers on Natural Rights
During the Enlightenment, the focus of natural law shifted from duties and restrictions to
human reason and individual rights. Thinkers such as Thomas Paine, Frederic Bastiat, and
Philippine ilustrados like Mabini emphasized that natural rights, life, liberty, and property are
inherent to human existence and must be protected by civil society. These rights are not granted
by law but recognized as intrinsic to human nature. The ideas of natural rights influenced
revolutionary documents like the U.S. Declaration of Independence, the U.S. Constitution, and
the French Declaration of the Rights of Man and Citizen, reflecting the principle that laws exist
to safeguard, not create, fundamental human rights. Unlike legal positivism, which sees rights as
derived from human laws, natural law asserts that rights exist prior to government or legislation.
Later thinkers, such as Ayn Rand, revived the emphasis on reason and rationality, arguing
that surrendering individual reason to the State or religion undermines human dignity and freedom.
Overall, the Enlightenment established that civil society’s primary role is to secure and protect the
natural rights inherent to all humans.

IX. Natural Law as the Law of Nations

Hugo Grotius, the father of modern international law, argued that humans naturally seek
peaceful, organized societies and honor mutual agreements. This philosophy laid the foundation
for international law, where treaties and agreements are binding because of shared human reason
and morality (pacta sunt servanda).
Sir William Blackstone asserted that natural law is eternal and immutable, discernible by
reason. Judges do not create law but declare existing customs and societal values, ensuring that
human law reflects the underlying natural law. The law of nations, or jus gentium, derives from
principles of equality, fairness, and mutual respect, rather than the dictates of any particular state.
Jacques Maritain extended natural law to modern international law and human rights. He
emphasized that human rights, as articulated in the Universal Declaration of Human Rights, are
universal, inviolable, and inherent. These rights are not subject to state discretion, forming the
basis for jus cogens, peremptory norms from which no derogation is permitted.
X. Modern Implications
Natural law continues to inform modern legal systems and international institutions.
Constitutions, human rights laws, and international treaties are rooted in the principles of equality,
justice, and inherent human dignity articulated by philosophers throughout history. The recognition
of inalienable rights, the rule of law, and ethical governance reflects centuries of philosophical
development from Plato and Aristotle to Aquinas, Grotius, Blackstone, and Maritain. International
human rights instruments, such as the United Nations Universal Declaration of Human Rights,
operationalize these principles, making natural law relevant in contemporary law, diplomacy, and
global justice.

Conclusion
The evolution of natural law, from ancient Greek philosophy to Enlightenment thought and
modern international law, reveals a consistent theme: law must reflect human reason, morality,
and dignity. Philosophers like Plato, Aristotle, the Stoics, Aquinas, and Enlightenment thinkers
emphasized that laws are legitimate only when they align with universal principles of justice and
equity. Natural law provides the moral and rational framework for human rights, civil law, and
international norms, reminding us that laws are not just rules but expressions of what it means to
live as rational, moral, and free human beings. By grounding legal systems in universal principles,
societies can promote fairness, peace, and the flourishing of humanity.