UNIT 2

Natural Law Theories

Adv. RIFA SANBAQ

FACULTY BVP NLC
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a) Meaning of Natural Law
b) Natural Law in Ancient Greece, Rome and India
c) Medieval Period
d) Natural Law and Social Contract Theory
e) Decline of Natural Law
f) Revival of Natural Law in Nineteenth Century. Neo Naturalist-
John Finnis, Fuller and
HLA Hart
g) Natural Law and the Indian Constitution

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What Is Natural Law?

Natural law is a philosophical and ethical theory stating

that humans possess intrinsic traits, such as moral
values and the ability to make rational decisions.

A morally driven person can differentiate between right

and wrong and good and evil. It is a universal and
constant law based on human nature and remains
unaffected by culture, custom, or society.

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• Natural law is a theory asserting that humans are born with intrinsic
values like morality and the ability to be rational in decision-making.
Morally motivated individuals can distinguish between right and wrong
and good and evil.
• It is a consistent universal law based on human nature that remains
untouched by culture, custom, or society. However, it evolves based on
its intended use, function, and conditions.
• Greek philosophers Aristotle and Plato were the first advocates of the
theory, but Italian philosopher Thomas Aquinas proposed the notion in
the medieval period.
• Unlike positive law, this system of justice is devoid of judicial or
legislative intervention. But sometimes, emotions take precedence over
the factors that influence a decision.
• The concepts of ‘Rule of Law’ in England and India and ‘due process’ in
USA are essentially based on Natural Law.
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NATURAL LAW SCHOOL OF JURISPRUDENCE

• Natural law is a philosophy of law that forces on the law of nature. This
school of jurisprudence represents the belief that they are inherent laws
that is common to all societies.
• Natural law is also known as the moral law Divine law, the law of God,
law of Reason, law of nature, Universal law and unwritten law.
• The school of thought tells us that the law is rational and reasonable.
Natural law proposes that laws are a logical progression from morals.
Therefore, actions that are considered to be morally wrong will be against
the law.
• The sources of Natural law was that-
• God
• Nature
• Reasons
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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 not promulgated by legislation; it is an outcome of
preaching of philosophers, prophets, saints etc. and thus in a sense, it is a
higher form of law.
•Natural Law has no formal written Code.
•Also there is neither precise penalty for its violation nor any specific reward
for abiding by its rules.
•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.

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The natural thing in the theory of natural law is its universal applicability.
It is considered divine law, eternal law and the law of nature. Natural law is
the product of reason. It has been gone through different stages and it is
defined by men in different ways. Morality is the central idea of this
theory. Morality is considered as the higher law under which the validity of
human laws can be measured.
In ancient time natural law was considered religious or supernatural.
In modern, it is responsible for the modern political and legal ideology.
Natural law is based on reason and good conscience which measures what
should do or not to do. It is the reason which distinguishes between good
and bad.

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Main characteristics of the natural law school of jurisprudence

1.Universal and Objective: Natural law theorists believe that certain moral principles are
inherent in the nature of human beings and the world, making them universally applicable
to all societies and cultures. These principles are not dependent on human-made laws or
subjective beliefs but are considered objective truths.

2.Discoverable through Reason: Natural law is thought to be discoverable through

human reason and intellect. It is based on the idea that people can use their rational
faculties to discern these fundamental moral principles and apply them to particular
situations.

3.Moral Foundation of Law: According to the natural law school, the legitimacy and
validity of human-made laws depend on their conformity with natural law principles. Laws
that align with these inherent moral norms are considered just and legitimate, while laws
that contradict them are deemed unjust and invalid.

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• Connection between Law and Morality: Natural law theorists argue that law and
morality are inherently connected. They reject the positivist view that law is solely
derived from the commands of a sovereign authority or the legislature. Instead, they
contend that laws should be grounded in moral principles to be truly just.
• Prescription of Certain Rights: Natural law theorists often identify certain natural
rights that are inherent to human beings, such as the right to life, liberty, and property.
These rights are considered universal and inalienable, meaning they cannot be taken
away or violated by any legal system.
• Objective Basis for Critique: The natural law school provides an objective basis for
critiquing unjust laws and actions. When evaluating laws or government actions,
natural law theorists measure them against the principles of natural law to assess their
ethical validity.
• Human Flourishing and Goodness: Natural law theorists often emphasize the
promotion of human flourishing, goodness, and the development of individual character
as central aims of law and society. Laws should be designed to foster the well-being and
fulfillment of individuals.
• Influence on Legal and Moral Philosophy: Natural law theory has had a significant
influence on the development of legal and moral philosophy throughout history. Many
legal and ethical thinkers have drawn on natural law principles in their works.
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The natural law school of jurisprudence emphasizes the inherent moral principles and
ethical values that should form the foundation of the legal system. some instances where
elements of natural law can be observed in Indian Legal System.

1. Right to Privacy: The Indian Supreme Court, in its landmark judgment in the case of
Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), recognized the right to privacy as
a fundamental right under the Indian Constitution. This decision reflects the natural law
principle that individuals have an inherent right to privacy and personal autonomy.

2. Right to Life and Personal Liberty: Article 21 of the Indian Constitution guarantees the
right to life and personal liberty. This provision has been interpreted expansively by the
courts to include the right to a dignified life, access to basic necessities, and protection
from torture and cruel treatment, reflecting natural law principles of protecting human
dignity and fundamental rights.

3. Environmental Protection: Indian courts have, on numerous occasions, recognized the

need to protect the environment and uphold the principles of sustainable development.
This reflects the natural law notion of preserving and respecting the balance of nature and
the interdependence of all living beings.
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4. Principle of Equity and Justice: Indian courts often refer to principles of equity and
justice in their judgments, even when the specific law may not provide a remedy. This
approach is rooted in the natural law notion of fairness and the belief that justice should
prevail, even if strict legal rules do not address a particular situation.

5. International Law and Human Rights: India, as a signatory to various international

treaties and conventions, incorporates international law principles into its domestic legal
system. This includes the adoption of human rights principles, reflecting the natural law
belief in universal human rights and the dignity of every individual.

6. Morality in Legislation: Though India is a secular country, moral considerations still

influence some legislation. For example, laws concerning issues like abortion, euthanasia,
and surrogacy involve debates on ethical and moral dimensions, reflecting the influence of
natural law thinking.

It's important to note that while the natural law school of jurisprudence has had some
impact on Indian law, it is not the dominant or exclusive approach. India's legal system is
a blend of various schools of jurisprudence, and decisions are often influenced by cultural,
social, and practical considerations. 12
The classification of Natural law school in to four
parts are:-

(A) Ancient period/classical period

(B) Medieval period/middle ages

(C) Renaissance period

(D) Modern period

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