How should law implement justice amidst technological advancement? This blog post explores the harmony between natural law and positive law, reexamining the role of law in modern society.
The relationship between law and justice is one of the classical challenges in jurisprudence. Law is the rule that governs society and the foundation of order, while justice is the ultimate value that such law should pursue. It is natural to envision a just and moral law that can be universally accepted by anyone, regardless of time or place. Traditionally, such laws have been discussed under the term ‘natural law’. Natural law is not artificially enacted but exists as an essential principle prior to human experience, rooted in divine law, cosmic order, or human nature. In particular, the human capacity for reason—the unique human quality to discern truth from falsehood and good from evil—serves as the means to discover natural law.
In medieval Western theology, natural law was understood as God’s law inscribed in human reason, emphasizing religious authority. Medieval theologians believed God’s will and human reason must harmonize. Later, modern natural law thought broke free from theological dependence, asserting that natural law could be ascertained solely through reason. Grotius (1583–1645), who pioneered this trend, accepted medieval tradition while firmly establishing the foundation of natural law based on human reason. He asserted that legal norms confirmed through reason and conforming to human nature constitute natural law and God’s will, arguing that this natural law is an essential principle even God cannot alter. He viewed natural law, reached through the proper guidance of reason, as a norm transcending the state and positive law.
The period in which Grotius was active was, on the one hand, an era of religious wars. Amidst this turmoil, he witnessed situations where no law was respected, and he believed that by grounding principles in natural law, it would be possible to establish norms acceptable to all, regardless of whether they were Catholic, Protestant, or non-Christian. Furthermore, he believed that by regulating the interests of nations through such legal principles, the horrors of war could be prevented, and human peace and prosperity realized. This thinking led to his 1625 work, The Law of War and Peace. This work addressed the conditions for declaring war and the conduct required during warfare. As its theoretical foundation, it established the basis of the concept of natural law and, building upon this, constructed a legal theory governing relations between states. For this reason, Grotius is also called the father of international law.
At the core of this law of reason, independent of divine authority, lay human rights, which became a major intellectual foundation of modern society. For instance, the influence of natural law is evident in the 1776 American Declaration of Independence. Furthermore, the Declaration of the Rights of Man during the French Revolution proclaimed liberty, property, survival, and the right to resist as inviolable natural rights. Thus, natural law theory provided a crucial foundation for establishing the modern legal system, particularly contributing to the close relationship between the values of liberty and equality and the law.
However, by the 19th century, natural law theory began to decline amid criticism that it was difficult to clearly define natural law in practice. At this time, a new theory emerged at the forefront of this criticism: so-called ‘legal positivism’. Legal positivism holds that only positive law—laws enacted by the state’s legislative bodies and possessing practical effect—can be recognized as law. Accordingly, laws enacted by legislators through legitimate procedures become absolute law regardless of their content. Furthermore, because they are based on state authority, citizens have a duty to obey them. Positivism emphasized the objectivity and certainty of law, viewing it as essential for maintaining social order.
However, after experiencing the horrific world wars brought about by totalitarianism cloaked in the appearance of legality, discussions on natural law experienced a revival. Following World War II, international tribunals like the Nuremberg Trials highlighted the limitations of positive law, leading to an emphasis on natural law approaches. This was part of efforts to protect fundamental human rights and realize humanitarian values. Today, natural law remains significant in presenting the ideal that positive law should aspire to. Furthermore, in our globalized modern society, diverse cases are emerging that compel us to reconsider the relationship between law and justice. New challenges such as environmental issues, human rights concerns, and digital rights prompt a reexamination of the essence of law and its connection to justice. This becomes increasingly crucial as the international community collaborates to establish shared norms.
Therefore, establishing a harmonious relationship between natural law and positive law remains a crucial task. Achieving a more just and peaceful society through this endeavor will be a key objective of modern jurisprudence. Building upon the wisdom left by past thinkers, we must now reconstruct and advance the relationship between law and justice. To this end, legal scholars must continuously explore the essence and function of law through diverse academic approaches and, based on this, contribute to building a better legal system.
In modern society, the relationship between law and justice is not merely a theoretical discussion. Legal issues manifest in various forms across society, and the harmony between law and justice plays a crucial role in seeking solutions to these problems. For example, recent technological advancements present new legal challenges. Advances in artificial intelligence, big data, and biotechnology are creating new problems that existing legal systems cannot adequately address. In this context, legal scholars must develop legal principles and norms capable of responding to these new technological challenges.
Furthermore, the integration of the global economy and the expansion of international exchanges are further highlighting the importance of international law. The international community is making various efforts to ensure that the legal systems of each country can operate in mutual harmony. To this end, efforts continue to establish common legal standards in cooperation with international organizations, aiming to resolve legal issues at the global level.
Thus, the relationship between law and justice is constantly evolving with the changes in the times and society. Therefore, legal scholars and practitioners must actively respond to these changes and continuously strive to build a society where law and justice are in harmony. These efforts will be the first step toward a more just and peaceful world.
