Natural Justice
idea · 5 works · 5 mentions · 11 anchored passages
natural justice · a rule of justice that is natural · equity · law of nature and reason · natural law · principles of abstract justice · requirement of natural justice
in the texts
Nicomachean Ethics
The kind of political justice that has the same validity everywhere regardless of human agreement, as opposed to conventional justice.
and it is easy to see which rules of justice, though not absolute, are natural, and which are not natural but legal and conventional, both sorts alike being variable.
A rule of justice is natural that has the same validity everywhere, and does not depend on our accepting it or not.
but in our world, although there is such a thing as Natural Justice, all rules of justice are variable.
The Rights of War and Peace
The principle of fairness and equity underlying obligations of restitution independent of positive law.
Cicero has said, that it is contrary to natural justice, for one man to improve his own advantage at the expence of another, and in another place, that nature does not allow us to increase our resources, riches, and power, from the spoils of others.
I. Having explained in the preceding part the nature and rights of property, it remains for us to consider the obligation which we incur from thence.
An Essay on the Trial by Jury
The concept of fixed, universally agreed principles of justice as opposed to written legislation.
because the disagreements of courts are generally on matters of legislation, and not on those principles of abstract justice, by which juries would be governed, and in regard to which the minds of men are nearly unanimous.
Justice is the object of government, and those who support the government, must be agreed as to the justice to be executed by it, or they cannot rightfully unite in maintaining the government itself.
This condemnation of written laws must, of course, be understood as applying only to cases where principles and rights are involved, and not as condemning any governmental arrangements, or instrumentalities, that are consistent with natural right, and which must be agreed upon for the purpose of carrying natural law into effect.
The Law of Intellectual Property
The principle that common law is, or should be, grounded in natural justice rather than mere convenience or policy.
Aston’s definition of Common Law was better, for he held that “Right reason and natural principles [were] the only grounds of Common Law, originally applicable to this question;
If they had said simply that natural justice was common law (in all cases whatsoever, new and old, except perhaps those very few, which have before been alluded to, where some positive-institution to the contrary has been in practical efficient operation from time immemorial)—their definition would have been correct.
These terms are also improper and unnecessary ones to be introduced into a legal definition, for the reason that, in matters of government and law, natural justice itself has the very highest degree of “moral fitness;
The Unconstitutionality of Slavery
The standard of justice grounded in the nature of man, said to be the source of legitimate law.
Yet, instead of being allowed to signify, as it in reality does, that natural, universal and inflexible principle, which has its origin in the nature of man, keeps pace everywhere with the rights of man, as their shield and protector, binds alike governments and men, weighs by the same standard the acts of communities and individuals, and is paramount in its obligation to any other requirement whi …
I shall define it to be simply the rule, principle, obligation or requirement of natural justice.
This rule, principle, obligation or requirement of natural justice, has its origin in the natural rights of individuals, results necessarily from them, keeps them ever in view as its end and purpose, secures their enjoyment, and forbids their violation.