By saying that “some things are right,” Natural Law theory means to reject the idea that some things are merely “thought to be right” or “believed to be right” or that it is “someone’s opinion that some things are right.” When Natural Law theory says that “some things are right,” it means that the “rightness” of those things is independent of anyone’s opinion or belief.
It is important to note that Natural Law theory is not liberal or conservative, it is not leftwing or rightwing, and it is not Republican or Democrat. Rather, it is a way of thinking that most people use, whether they know it or not. Most political views, opinions, or parties use some form of Natural Law theory to promote themselves.
Natural Law theory is an effort to escape subjectivism — to escape being trapped in a cloud of beliefs and opinions, and to enter into the realm of reality and fact.
The Roman author Cicero wrote about Natural Law theory. The Founding Fathers are the authors of the United States Constitution; they had studied many books, including Cicero’s writings. But the differences between Cicero and the Founding fathers were large: Cicero did much of his writing around 75 B.C., the Founding fathers were writing in the 1780s. Cicero lived in Rome, the Founding fathers lived in America. Cicero was a pagan polytheist, the Founding Fathers were Christians.
But despite these differences, they had much in common. They sought freedom and liberty for citizens of their nations. They saw that freedom and liberty can be protected by a government composed of freely-elected representatives. They saw that justice is the result of exploring the objective nature of the universe, not mere subjective opinions.
One of the connecting points between Cicero and the Founding Fathers was a legal scholar named William Blackstone, who lived neither in America nor in Rome. Blackstone lived in England. He transmitted the idea of Natural Law from Cicero to the Founding Fathers, as historian Cleon Skousen writes:
Most modern Americans have never studied Natural Law. They are therefore mystified by the constant reference to Natural Law by the Founding Fathers. Blackstone confirmed the wisdom of the Founding Fathers by stating that it is the only reliable basis for a stable society and a system of justice. Then what is Natural Law? A good place to seek out the answer is in the writings of one of the American Founders’ favorite authors, Marcus Tullius Cicero.
The phrase “Founding Fathers” can be used to refer to the authors of the United States Constitution, but it can also be used to refer to the authors of the Declaration of Independence, or it can be used more generally to refer to the people who worked, in one way or another, to create freedom and independence for the United States.
In any case, they, like most modern and postmodern thinkers, used some form of Natural Law theory, as scholar Cleon Skausen writes:
It was Cicero who cut sharply through the political astigmatism and philosophical errors of both Plato and Aristotle to discover the touchstone for good laws, sound government, and the long-range formula for happy human relations. In the Founders’ roster of great political thinkers, Cicero was high on the list.
The flexibility of Natural Law theory is also its strength: in a policy debate, it is common for both sides to use some Natural Law argumentation. It is so pervasive that speakers and authors are often unaware that they are using Natural Law theory.
Writers who argue against Natural Law theory often, unknowingly, use Natural Law reasoning in their effort to abolish Natural Law.
To understand the Declaration of Independence, the U.S. Constitution, and the Bill of Rights, the reader must be aware of Natural Law theory. This is true also of the other documents which have ensured human rights and justice throughout the world: from Thomas Paine’s Common Sense to John Locke’s Treatises on Government; from Edmund Burke’s writings to the thoughts which guided James Otis and Sam Adams.
