Natural Law Theories: Jurisprudence

Natural Law

Definition

Natural law is the law of nature. It is the law which originated from the Supreme divine source. It is the Physical Law of Nature based on moral ideals having universal applicability. It has often been used either to defend a change or to maintain status quo according to needs and requirement of the time.

Features of Natural Law

Natural Law is eternal and unalterable, as having existed from the commencement of the world, uncreated and immutable.

• Natural Law is not made by man; it is only discovered by him.
• Natural Law is not enforced by any external agency.
• Natural Law is an outcome of preaching of philosophers, prophets, saints etc.
• Natural Law has no formal written Code.
• Natural Law has an eternal lasting value which is immutable.
• Natural Law is also termed as Divine Law, Law of Nature, Law of God, etc. Divine Law means the command of God imposed upon men.

Divisions of Natural Law Theories

(1) Theories of Ancient Period

(2) Theories of Medieval Period

(3) Theories of Renaissance Period

(4) Theories of Modern period

Ancient Period Theories

Theories of Natural Law were first developed by Greek philosophers. They propagated three main features of Law of Nature. These are destiny, order and reason.

Socratic

Socratic opined that man using his insight can see and judge a thing as good or bad. According to him, it was rather the appeal of the ‘insight’ to obey it. He pleaded for the necessity of Natural Law for security and stability of the country, which was one of the principal needs of the age.

Aristotle 

Aristotle had a different view on Natural Law. He divided the life of human being in two parts:

(i) man is creation of the God, and

(ii) man possesses insight and reason by which he can shape his will.

It is this reason through which one can discover the principle of natural justice.

Medieval Period Theories

Aquinas

Catholic philosophers and theologians moved away from the orthodox interpretation of natural law and gave a more logical and systematic theory of natural law. Thomas Aquinas said that natural law is that part of law which reveals itself in natural reason. This is applied by human beings to govern their affairs and relations. According to Aquinas positive law must conform to natural law, positive law is valid only to the extent to which it is compatible with natural law.

Renaissance Period Theories

During the renaissance period prominent thinkers like Hugo, Hobbs Locke, Jean had advanced the Natural Theories of law further. 

Thomas Hobbes was a supporter of absolute power of the ruler and subjects had no rights against the sovereign. Though he suggested that the sovereign should be bound by ‘Natural Law’, it is not more than a moral obligation. 

John Locke, propagated the idea of natural rights. According to him, Natural Rights as the rights to life, liberty and property of the general populace were never surrendered to the sovereign. It always remaind with him.

Theory of General Will

According to Rousseau, it is the duty of an individual to obey the general will because in that way he is obeying his own will. The government and laws made must conform itself with the general will and if they are not able to so that they could be overthrown, in brief Rousseau stood for the interest of the community rather than the interest of the individual, his natural law theory stood for equality and freedom of men.

Modern Theories

Decline of Natural Law Theories in the Nineteenth Century

The 19th century saw the decline of natural law, the natural law theories reflected more or less the great economic and political changes which had taken place in Europe. The problems created by the new changes and developments demanded political and concrete solutions.  Many historians rejected the social contract theory by saying that it was a myth. All these factors gave a strong blow to natural law.

Revival of Natural law theories in Twentieth Century

Main factors that revived the Natural Law Theories during the 20th century: 

It emerged as a reaction against the legal theories which had exaggerated the importance of positive law.

It was realized that abstract thinking was not completely futile.

Positivist theories failed to solve the problems created by the changed social conditions.

During the two world wars, the world witnessed great destruction of human lives and property and principles of natural law were approached in order to attain peace.