Conservatives Corner believes conservatism rests on three main pillars: Biblical Precedent, Natural Law, and Federalism Obviously, there are many more philosophies that support the principles of conservatism, but Conservatives Corner believes these three pillars hold the most weight.
Perhaps, no other philosophy is more associated with conservatism than Natural Law. The late Supreme Court Justice Antonin Scalia, a lion of conservatism, was criticized by his liberal opponents for subscribing to a Natural Law jurisprudence. Much like conservatism, Natural Law, is criticized for being outdated, archaic, inapplicable to our contemporary times.
So, what is Natural Law? Natural Law is a philosophy that has its roots in antiquity, but achieved its zenith during the Middle Ages through the Dominican friar Thomas Aquinas. The American Founding Fathers based much of their political ideas on Natural Law, as reflected by their reverence for natural rights such as life, liberty, and the pursuit of happiness. As the name implies Natural Law claims there is a natural order to the universe, specifically to human existence. (It is worth noting that Natural Law has also historically referred to the laws of nature, or physical sciences of the universe, but that is much different than Natural Law’s philosophical application.)
At its heart, Natural Law is based in one’s self-preservation. Unless a person is mentally incapacitated or suffers from a severe psychological challenge, a person’s instinct is to sustain one’s own life. For example, human beings typically don’t desire being murdered, so societies throughout history have understood murder to be a disturbance in the order of nature or a violation of person’s right to want to live. Human beings don’t even need to be formally educated to understand that murder should be considered a crime and made illegal. This is just one very illustrative example of Natural Law, but it demonstrates a fundamental principle: self-preservation. This is why the Founding Fathers utilized the term “self-evident” when drafting the Declaration of Independence. Some laws need no explanation, because every human being throughout the course of history has understood certain laws such as self-preservation, and our desire to live. Further, a person desires to remain not simply alive, but to live free and happy. Because self-preservation is attacked under the reign of tyrannical rulers, the American Founders wisely created the 2nd Amend. and enshrined the citizenry’s right to bear arms. Our natural rights are so valuable that our founding documents permit each citizen to take up arms to protect our personal lives, as well as society at large. (Just War Theory is not the focus of this presentation.)
TERMS TO REMEMBER:
Natural Rights
Life, Liberty, Pursuit of Happiness
Self-Preservation
Self-Evident
(Just War Theory)