The natural school of law is commonly understood to be the universal,
everlasting law of nature, divine law, or the rule of nature itself. It has been
interpreted differently throughout history, and although though it was produced
by humans, each person's unique character contains it.
Religion has the most
influence on it. The fundamental tenet of this theory is that human law can only
be legitimate in proportion to a higher moral law. There is a belief that some
moral laws cannot be broken without compromising their moral or legal integrity.
Law is not law if it lacks morality. In law school, there is a crucial link
between morality and the law.
The natural school of law is commonly understood to be the universal,
everlasting law of nature, divine law, or the rule of nature itself. It has been
interpreted differently throughout history, and although though it was produced
by humans, each person's unique character contains it.
Religion has the most
influence on it. The fundamental tenet of this theory is that human law can only
be legitimate in proportion to a higher moral law. There is a belief that some
moral laws cannot be broken without compromising their moral or legal integrity.
Law is not law if it lacks morality. In law school, morality and the law are
inextricably linked.
- The concept of law known as natural law imposes the law of nature. This legal school upholds the idea that there are innate laws that apply to every society.
- The moral law is another name for natural law. The laws of nature, reason, divine law, universal law, and unwritten law are all forms of divine law.
- According to the school of thought, the law is reasonable and logical. According to natural law, morality leads logically to legislation. As a result, deeds that violate moral principles will be prohibited by law.
The classification of Natural law theory:
- Ancient period/classical period/Theories
- Medieval Period/Theories
- Renaissance Period/Theories
- Modern Period/Theories
Ancient Theories/Period
Greece
The Greek thinkers developed the idea of natural law and laid down its essential
features. At that time in Greece, there was great political instability and it
was thought by many that law is made only to serve the interest of the strong,
but the same situation made some other jurists think in other ways, they saw
this as an opportunity to develop new universal principles that would tackle and
control tyranny and arbitrariness of government.
Socrates view on Natural Law
According to Socrates, natural law exists in the same way as natural physical
law. According to Socrates' theory of natural law, man has his own insight that
enables him to discern between good and bad things. It is via this insight, he
claims, that a person can instill moral standards in themselves. In Socrates'
view, man's insight is the only means by which one can evaluate the foundation
of law. One of the main demands of the day was for Socrates to use his theory to
guarantee peace and security in the area.
Aristotle's view on Natural Law
Aristotle divides man's life into two categories: first, he claims that man is a
creation created by God, and second, he believes that man possesses the quality
of reason, which allows him to develop his own will. This is how his conception
of natural law differs from Socrates'. It is for this reason that the natural
justice principle can be found. Aristotle, who is credited with creating the
natural law school, provided this philosophy with a strong foundation on which
to grow organically.
Rome
Stoics view on Natural Law
Inspired by Aristotle's idea, the stoics established their own notion of natural
law, albeit with some significant modifications to make it more morally sound.
He believes that reason governs the universe. Because man's reason is a part of
this world, he lives naturally or in accordance with nature when he lives by
reason. According to the Stoics, one of man's obligations is to observe the laws
of nature, since positive law must submit to the natural law, which is binding
on all people.
Influence of Stoics theory
During the republican period, the Stoic doctrine had a significant impact on
jurists, as many of them began to emphasize natural law more. Natural law
enabled the Roman people to enjoy more cosmopolitan lifestyles than their
inflexible ones. In this way, natural law contributed to the formation of Roman
law. At times, the Roman courts even employed the concept of natural law to
resolve situations involving foreign parties.
Medieval Theories/Period
Aquinas
Natural law was interpreted differently by Catholic philosophers and
theologians, who offered a more rational and organized view of it. Thomas
Aquinas saw law as the community's caretaker following reason for the common
good and enforcing it. He created four steps for the law.
- Law of God
- Natural law
- Divine law
- Human laws
The portion of natural reason that manifests as natural law. Humans use this to
manage their relationships and affairs. Positive law is only legitimate to the
extent that it is consistent with natural law, according to Aquinas, who also
held that positive law must obey natural law.
Merits of Aquinas theory
Thomas Aquinas developed a remarkably flexible and logical philosophy of natural
law by skillfully fusing Aristotle's theory with Christian doctrine. He begged
for the church to have influence over the state since, in his view, even the
sovereign had boundaries. He made a strong case for maintaining societal
stability, sanctified social and political structures, and linked natural law
with reason. Aquinas' theory has been expanded upon by Catholic modern jurists,
who have altered it to fit the ever-evolving demands and situations.
Renaissance Theories
Significant changes occurred in all facets of knowledge during this time,
including the creation of new theories, fields of study, and scientific
discoveries that upended long-standing beliefs. Second, new classes that desired
greater protection from the governments emerged as a result of advancements in
the realm of commerce. It was responsible for the emergence of nationalism.
Together, these elements toppled the church's dominance.
There was a surge in
the development of new theories defending state sovereignty. The basis for each
of these theories was the reason. These days' natural law theories have certain
traits as well. This theory is predicated on the idea that society is built
around a social contract.
Modern Theories
The natural law doctrines, which roughly mirrored the significant political and
economic shifts that had occurred in Europe, began to erode in the 19th century.
The predominant mode of thought in the eighteenth century was reason or
rationalism.
The new advancements and changes brought forward issues that
required political and practical answers. Individualism gave way to a
collectivistic perspective, and political theories and contemporary sciences
began to preach against the idea that there are unalterable, absolute
principles. The social contract theory was dismissed by numerous historians as a
myth. Natural law was dealt a severe hit by all of these circumstances.
The following factors led to the resurgence of natural law doctrines toward the
end of the 19th century:
- It arose as a response to legal doctrines that had inflated the significance of positive law.
- It was discovered that thinking in abstract terms was not entirely pointless.
- Positivist theories were unable to address the issues brought forth by the altered social landscape.
- Fascist ideologies also contributed to the resurgence of natural law doctrines because, throughout the two world wars, there was widespread property and human life damage, and peace was sought by appealing to natural law principles.
Conclusion
One thing that becomes clear from a thorough analysis of Natural Law theories is
that the idea of Natural Law has evolved over time. It has been employed to
defend practically all ideologies, including individualism and absolutism. In
addition to inspiring numerous revolutions, natural law has had a significant
impact on the growth of positive law. Natural Law theories concentrated on
achieving the goals of the law because a study of law would be lacking if it did
not accomplish these goals. Thus, one could argue that the legal systems of
practically all nations incorporate the concepts of natural law.
In India the constitution gives certain fundamental rights like right to life,
right to equality etc, all these rights are also based on the principles of
natural law, not only this the principle of natural justice is also based on the
principles of natural law. In the end it could be said that natural school of
law has made a great contribution to the legal jurisprudence of the world
including India.
Written By: Akanksha
Please Drop Your Comments