Natural Law Jurisprudence in Criminal Justice

Defining the fine line between right and wrong can be hard in the legal system. Before there were any concrete laws in place, judges and courts had to decide according to natural law, because there were no precedents to compare to.

Identification

• According to Black's Law Dictionary, natural law is "a philosophical system of legal and moral principles purportedly deriving from a universalized conception of human nature or divine justice rather than from legislative or judicial action." Jurisprudence is the fundamental elements of a legal system, made up of natural law. According to Blackstone's Paralegal Studies, criminal law defines, explains and classifies crimes and offenses. In criminal law the ideas of right and wrong (natural law) are used as the elements and foundations (jurisprudence) to decide on what offenses are punishable.

Significance

• Most criminal offenses, such as larceny, murder and robbery, are immoral. We know by human nature (natural law) that these offenses are wrong, so legislators who make and pass our laws have to use what they believe are morally sound principles to be able to create fair and just laws and punishments.

History

• Criminal law in America was derived from common law in England. The general principle that governed was that, although a state had to define a crime by statute to be punishable, it was in the common law that actual definitions of the crime must be sought. Early adjudicators used the common or natural laws to create the statues which are used today in criminal cases.