Natural Law with and without God

Article


Crowe, Jonathan. 2024. "Natural Law with and without God." Australian Journal of Law and Religion. 4, pp. 17-33. https://doi.org/10.55803/W085N
Article Title

Natural Law with and without God

Article CategoryArticle
AuthorsCrowe, Jonathan
Journal TitleAustralian Journal of Law and Religion
Journal Citation4, pp. 17-33
Number of Pages17
Year2024
PublisherUniversity of Southern Queensland
Place of PublicationAustralia
ISSN2653-5122
Digital Object Identifier (DOI)https://doi.org/10.55803/W085N
Web Address (URL)https://ausjlr.com/wp-content/uploads/2024/05/Volume-4-Crowe.pdf
Abstract

There is a common perception of natural law theory as characteristically (if not necessarily) theistic. This is sometimes presented as a drawback by secular critics of natural law thinking. Natural law authors themselves differ on the role of theism within their theories. Some have argued that natural law theory presupposes theism, while others have sought to give their views a secular basis. This article explores the relationship between natural law theory and theism. I begin by defining the characteristic features of the natural law outlook. I show that these core aspects of natural law thought can be rendered consistent with both theistic and non-theistic worldviews. However, these worldviews may yield different responses to some fundamental questions about natural law, such as where natural law comes from; how (and to what extent) humans can know about natural law; why humans should follow natural law; and whether natural law changes. I explore the consequences for natural law theories of theistic and non-theistic answers to these questions. I then offer some reasons for thinking that a version of theism incorporating what I term ‘qualified teleological perfectionism’ provides the most coherent foundation for the natural law outlook.

KeywordsNatural Law
Contains Sensitive ContentDoes not contain sensitive content
ANZSRC Field of Research 2020480410. Legal theory, jurisprudence and legal interpretation
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Byline AffiliationsSchool of Law and Justice
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