Political Naturalism
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Political naturalism is a
political ideology An ideology is a set of beliefs or philosophies attributed to a person or group of persons, especially those held for reasons that are not purely epistemic, in which "practical elements are as prominent as theoretical ones." Formerly applied pri ...
and
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
which believes that there is a
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
, just and obvious to all, that crosses ideologies, faiths and personal thinking, that naturally guaranties justice. It is inspired by
sociological naturalism Sociological naturalism is a theory that states that the natural world and social world are roughly identical and governed by similar principles. Sociological naturalism, in sociological texts simply referred to as naturalism, can be traced back ...
, and
scientific naturalism Metaphysical naturalism (also called ontological naturalism, philosophical naturalism and antisupernaturalism) is a philosophical worldview which holds that there is nothing but natural elements, principles, and relations of the kind studied by ...
's belief that the precision of
natural sciences Natural science is one of the branches of science concerned with the description, understanding and prediction of natural phenomena, based on empirical evidence from observation and experimentation. Mechanisms such as peer review and repeatab ...
can be applied to social sciences, and hence to practical social activities like politics and law. It may be seen as a natural law-based version of legalism/
constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional ...
(especially of prescriptive constitutionalism, in the way it tries, idealistically, to make a constitution how it should justly be), and it bears relation with many
constitutional monarchies A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
(as in that system they too believe in rule of the law and in certain things who are naturally correct (like
monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...
, monarchic
institutions Institutions are humanly devised structures of rules and norms that shape and constrain individual behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions a ...
and
traditions A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays or ...
. The roots of this legal political ideology may be found in positive visions of natural law (like
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
's and
Rousseau Jean-Jacques Rousseau (, ; 28 June 1712 – 2 July 1778) was a Genevan philosopher, writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment throughout Europe, as well as aspects of the French Revolu ...
's, and even in the
Founding Fathers of the United States The Founding Fathers of the United States, known simply as the Founding Fathers or Founders, were a group of late-18th-century American Revolution, American revolutionary leaders who United Colonies, united the Thirteen Colonies, oversaw the Am ...
. The
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
German German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...
Centre Party politician and diplomat Karl Friedrich von Savigny also thought so. Its main modern thinker is
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
ian legal scholar and creator of the Egyptian Civil Code Al-Razzak Al-Sanhuri.Abd Al-Razzak Al-Sanhuri, Egyptian Civil Code, Article 1, 1949, ''«in the absence of any applicable legislation, the judge shall decide according to the custom and failing the custom, according to the principles of Islamic Law. In the absence of these principles,'' the judge shall have recourse to natural law ''and the rules of equity.»'' Through the Egyptian Code, many other Arab constitutions (in monarchist and pre-dictatorships
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
and
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to Egypt–Libya bo ...
and modern
Qatar Qatar (, ; ar, قطر, Qaṭar ; local vernacular pronunciation: ), officially the State of Qatar,) is a country in Western Asia. It occupies the Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it sh ...
) ended up including political naturalist laws, and Al-Sanhuri himself wrote the
Syrian Syrians ( ar, سُورِيُّون, ''Sūriyyīn'') are an Eastern Mediterranean ethnic group indigenous to the Levant. They share common Levantine Semitic roots. The cultural and linguistic heritage of the Syrian people is a blend of both indi ...
and
Jordan Jordan ( ar, الأردن; tr. ' ), officially the Hashemite Kingdom of Jordan,; tr. ' is a country in Western Asia. It is situated at the crossroads of Asia, Africa, and Europe, within the Levant region, on the East Bank of the Jordan Rive ...
ian
civil codes A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core are ...
and the
Kuwait Kuwait (; ar, الكويت ', or ), officially the State of Kuwait ( ar, دولة الكويت '), is a country in Western Asia. It is situated in the northern edge of Eastern Arabia at the tip of the Persian Gulf, bordering Iraq to the nort ...
i commercial code.


See also

*
Antinaturalism (politics) Antinaturalism, or anti-naturalism, is a movement arguing against naturalist and essentialist ideology; it is associated with antispeciesism, anti-racism, and feminism. Its philosophy is closely linked to the French animal rights movement and is al ...


References

{{DEFAULTSORT:Political Naturalism Legal systems Political ideologies Naturalism (philosophy) Theories of law