JURISPRU

 N atural law Latin: ius naturale, lex naturalis) is a system of law based
on a close observation of human nature, and based on values intrinsic to
human nature that can be deduced and applied independent of positive law
(the enacted laws of a state or society). According to natural law theory, all
people have inherent rights, conferred not by act of legislation but by "God,
nature, or reason.’’ Natural law theory can also refer to "theories of ethics,

theories of politics, theories DENCE INDIVIDUAL

ASSIGHNMENT
 General concepts [Notion] of Theory of natural law

 What is natural law

of civil law, and theories of religious morality.’’ Unlike laws enacted by governments to address specific
needs or behaviors, natural law is universal, applying to everyone, everywhere, in the same way. For
example, natural law assumes that everyone believes killing another person is wrong and that
punishment for killing another person is right. The theory of natural law says that humans possess an
intrinsic sense of right and wrong that governs our reasoning and behavior.

The concepts of natural law are ancient, stemming from the times of Plato and Aristotle.

Natural law is constant throughout time and across the globe because it is based on human nature, not
on culture or customs This is opposed to theories that laws are socially constructed and created by
people .Natural Law says that everything has a purpose, and that mankind was made by God with a
specific design or objective in mind (although it doesn't require belief in God). It says that this purpose
can be known through reason.

 adherent of natural law believes that :

Beyond and superior to the law made by man are certain higher principles, the principles of natural law

‘natural law’ is not to be understood as meaning the same as the law of nature

Man is part of nature. Within nature, man has his own nature.

His nature inclines him towards certain ends like:

 to procreate children
 to protect his family

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  to ensure his survival by man of his natural ends assist the achievement of the purpose of nature
 by men of the ends that nature has made it man’s nature to seek to achieve.

violence is contrary to natural lawman’s natural ends are the same for all mankind, and remain the
same for all time it is natural that the principles of natural law are constant.

natural law comprises:

 Unfolding the Contributions of Greek & Roman Philosophers in

Natural Law School of Jurisprudence
Law is a social science in which the Natural law school is grundnorm as it is one of the most fundamental
school which introduced us to the concept of law as a metaphysical thing that is separated from the
morals, values and ethos. As per natural law school, the law is supreme, the origin of natural law school
was done by early scholars of Greek and then it further gets developed with changing time in the Greek
society and then in Roman world. Here I am trying to decode the scholarly work on the topic of the
contribution of scholars from Roman and Greek jurisprudence as what they had contributed in the
Natural school of law. The author unfolded some ignored but important topics as whose contribution
possess more importance and helped the natural law school to evolve with time, it is worthwhile to
mention here that author provided a comparative analysis between the scholar of Greek and Roman
scholars Before all of that author provided a novel definition which he thinks fit for the Natural school of
law, the definition is given by the author is a mix of important factors of many definitions that are
prevailing about Natural School of law.

a body of permanent, eternal truths, truths embodying precepts of universal applicability, part of
immutable order of things, unaffected by changing human beliefs.

According to natural law theory, all people have inherent rights, conferred not by act of legislation but by
"God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics,
theories of civil law, and theories of religious morality.
Natural law is a philosophical theory that states that humans have certain rights, moral values,
and responsibilities that are inherent in human nature. Natural law theory is based on the idea
that natural laws are universal concepts and are not based on any culture or customs.
The concept of natural law was documented in ancient Greek philosophy, including Aristotle,
and was referred to in ancient Roman philosophy by Cicero.

 Socrates
his idea of law as recorded in Apology and Crito, two different writings written by his pupil Plato.
Apology is all about Socrates’ defense in court,
Crito is a discourse made between Socrates and his friend Crito in prison
Socrates appeared before court to defend himself.

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He was prosecuted because he was said to be corrupting the youth and second he did not
believe in the gods of the state
the command was illegal or the laws unjust, then no man shall obey the order or the laws.
The first principle is that citizens must obey and uphold the positive laws.
The second principle is that we shall obey the law if it is only a just law.
While in prison, his friend, Crito, visited him and told him that plans were in place to prepare for his
escape and journey to another country.
respecting the decision of the courts (not to escape from prison) on three
grounds.
First, on moral grounds, in that it is bad and disgraceful to harm or to do injustice to another
secondly, citizens are not justified to back-harm their country whatever harm the country caused to them.
Thirdly, there was a tacit agreement between Socrates (and other citizens for that matter) and the state of
Athens

 Plato
what for us are abstractions, example redness, square-ness, roundness, courage, beauty, equality,
justice etc.
the world as we know them reflect the qualities themselves. This is Plato’s doctrine of ‘forms’.
Qualities such as justice and truth exist in their own form, too independently.
not perfect in design or quality.
it exists only in the transcendental world, a world beyond time and space.)
Since for Plato the forms of ‘goodness’, ‘virtue’, ‘honesty’ were
eternal and immutable,
they constituted moral principles of universal and timeless validity
unaffected by changing human attitudes or beliefs, moral principles by reference to which all human

actions and views must be judged.

 Aristotle
Aristotle (384–322 BCE) is considered by many to be the father of natural law—argued that what is
“just by nature” is not always the same as what is “just by law.” Aristotle believed that there is a
natural justice that is valid everywhere with the same force; that this natural justice is positive, and
does not exist ...
Aristotle was materialist in a state of perpetual change There was always progress.

The process is constant.

the universe is dynamic, always engaged in the process of becoming, of moving towards an end
immanent within itself from the start.

declared that we have two types of laws.

Natural law: same for it is immutable and beyond human touch.

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Man-made :not the same everywhere for the custom and behavior of people of different nations
and tribes is different.

 cicero
Law is the highest reason, implanted in nature, which commands what ought to be done and forbids the
opposite. True law is right reason in agreement with nature. To curtail this law is unholy, to amend it illicit,
to repeal it impossible..the Stoic’s ideal is to live consistently with nature. Throughout our lives we ought
invariably to aim at morally right course of action.”

The universality and immutability of natural law or “true” law (True law is right reason in agreement with
nature;) it is of universal application, unchanging and everlasting;

there is an ideal of human goodness: nature itself has stored and wrapped this up inside our minds.

For Cicero, law is the highest product of the human mind which is in tune with the elemental force of
nature. The validity of human law depends upon its harmony with these forces Thomas Aquinas,
principally in the Summa Theologica,

Aquinas proposed that the essential quality setting human beings apart from the rest of the animal world
was that of reason.

 S.T Thomas Aquinas distinguishes four kinds of laws:

Eternal Law: is comprised of those laws that govern the nature of an eternal universe;

Divine Law: is concerned with those standards that must be satisfied by a human being to achieve
eternal salvation. One cannot discover divine law by natural reason alone;

Natural Law: is comprised of those precepts of the eternal law that govern the behavior of beings
possessing reason and free will. EG. Natural Law is not to commit suicide.

Human Law: is a dictate of reason from the ruler for the community he rules

 Origin and historical developments of natural law

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  Importance of Natural Law
Natural law is important because it is applied to moral, political, and ethical systems today. It has played
a large role in the history of political and philosophical theory and has been used to understand and
discuss human nature. Throughout Christian history, natural law has been one the most influential moral
and philosophical theories, providing a link between God and human morality. It is a theory which traces
back to the works of Aristotle, who argued that everything in life has a purpose or goal, a notion which
St Thomas Aquinas developed on in the 13th Century. However between this transition, the Roman
philosopher Cicero stated that; "true law is right reason in agreement with nature. It is applied
universally and is unchanging and everlasting",1 implying that natural law should apply to all modern
ethical dilemmas. This essay will explore the credibility of natural law within a modern setting, looking at
two modern day ethical problem

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