David Konig

Thomas Jefferson and the Natural Law Tradition

As a radical (in his youth) on legal matters, Thomas Jefferson was eager to strip the law of its tradition-based rules and principles (such as "legal fictions"). As a universalizer, he had doubts about a legal system that treated different people differently. He also sought more uniform procedures that would get to the factual truth of the issue. On the other hand, he did not envision achieving justice through an equitable particularism. To Jefferson, "natural law" was like "natural jurisprudence," and he sought to discover a conceptual system of law rather than one based on reasoning from precedent.