Law based strictly on morality or nature and based on enforcement by God, usually in the form of stated punishment or reward after-death.
In a bygone era where religion had greater influence in society, declarations of 'the law of nature' held great sway. Blackstone defined it as the "unrevealed law of God" and that it "it is superior in obligation to any other...."
In one case (Calvin), the judge even suggested that "the law of nature is part of the laws of England."
The laws of nature are rarely invoked in contemporary legal societies because of the obvious limitations as succintcly set out by Odgers in 1920:
"Where is (the law of nature) to be found? How is it to be identified? Is it the same in Timbuctoo or Tehran as it is in London or New York? Or does is vary with the latitude of each place or with the degree of civilization there in vogue? Was it the same in the time if Samson or Theseus as it was in the days of Ulpian or John Bright? If not, then where are the these variations recorded?
"As a matter of fact, there is not now and never was any such thing as a 'law of nature' in any sense in which a ... lawyer of today understands the word 'law'. It is just a convenient and very elastic term which is sometimes used as identical with the law of God or conscience ... while at other times it seems to denote little more than savage customs or animal instincts."
REFERENCES:
- Calvin's Case 7 Rep. 4b (1608)
- Odgers, W. B., The Common Law of England (London: Sweet and Maxwell, 1920), page 3.