File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Natural Law School

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:
  1. Ancient period/classical period/Theories
  2. Medieval Period/Theories
  3. Renaissance Period/Theories
  4. 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.
  1. Law of God
  2. Natural law
  3. Divine law
  4. 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

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly