The revival of the natural Law school started from the start of the 19th century.

This is done due to following reasons as mentioned below.

1. The revival of the natural Law school take place as a result of the reaction to the new theories
specially of the Analytical school of thought which has exaggerated the positive law by giving
absolute powers to the sovereign as it is well known quote that Absolute power corrupts
Absolutely” due to this reason the natural law school is preferred as it includes the check and
balance on the sovereign as he cannot do anything against the rules of morality.
2. The prior knowledge which a person get without need of any previous knowledge. In was held
that this method is not completely ineffective as it is effective to some extent.
3. THE PURE POSITIVIST APPROACH HAS FAILED TO MET THE PROBLEMS WHICH ARE CREATED BY
THE NEW SOCIAL CONDITIONS . The material progress and its effect on the society make the
thinkers look for some values and standards of livings.
4. The western world is disturbed due to occurrence of World War-I in the Europe ultimately
results in the scholar started search for the ideal system in which people can live peacefully and
also progress with the time period.
5. Science has started doubtful about its own facts and on itself.
6. The youth has rebelled against the accumulation of power and money in the hand of some
specific class of people which are very little minority of the society in the form of French
revolution 1789 and American war of independence respectively.
7. Lawyers started to think that law is not simply applying of the statues and precedents to any
given case through the help of the pure logic. The unsolved modern problems need the solution
higher then the of the positive law. There was the search of the ideal justice
8. The emergence of new ideologies such as Socialism and Fascism result in to formation of
counter ideologies resulting into revival of natural law school.

Change in the Natural Law Theory with the time being

The following are changes which take place in order to revive the concept of natural law theory

1. The new ideas of Natural Law Theory took into account approaches from the various schools
such as from analytical school, sociological school and historical school. Etc.
2. The new approach is relative and change with the period of time and place in this way it is more
practical and not an abstract idea. In this way the new theory has natural law with the variable
contents.
3. The followers of the Thomas Aquinous become ready to accept the concept of Neo- Thomists
according to them the reality can be provided through use of the scientific methods but this can
only be prove by applying the philosophical approach toward it by proving it by the help of
reason and reflection.

Natural Law Theory jurists of Modern period

Following are some jurists whose work in natural law theory has given a new soul to the school of
natural law in the modern times till 20tth century.

Stammler:-
He was the great exponent of the natural law with the variable exponents. He has purposed an hybrid
structure of the natural law by mixing Analytical school into natural Law. He was the first who has
distinguished between the theoretical legal science and the technical legal science. Where the technical
legal science which deals with current legal system so it deal with the content of law what the law is .
The Theoretical legal science which is concerned with the rules giving affects to the fundamental
principles dealing with on which principles the law is made.

According to him in order to legislature achieve justice it have to follow the two rules of participation
and two rules of respect. Rules of respect are that the person violation must not depend on the
arbitrary will of the person and a every legal demand is maintained in such a way that the person
obligations remain as to fellow creature. The principle of participation are that the person lawfully
obliged must not be arbitrarily excluded from the community and every lawful power of decision may
exclude the person affected by it from the community only to the extent the person remain a fellow
creature. He has put law scientifically on its feet and revived legal idealism against the steamily of the
positivism.

John Rawls
According to him society is more or less self- sufficient association of person who in there mutual
relation recognize as binding certain rules of conduct specifying a system of corporation. Principle of
social justice are the necessary for making a rational choice between various available alternative
systems. The fairness is resulted from the reasoned prudence which a rational person will choose in the
hypothetical “ Original Position” it is the position in which the legislator don’t take into consideration his
status in the society nor does he knows whether he will be poor or rich in the future. Also the legislator
also don’t know what is gender is whether he is male or female or any other gender. The main principle
of the justice is to secure the generalized social wants, “ primary social good” which includes the
liberties, opportunity, power and a minimum of a wealth. The fist principle of the justice is that each
person have equal and extensive right of equal basic liberties compatible to the principle that similar
liberty for all. According to the principle of priority the liberty should be given first priority subject to
fulfillment of some basic wants. Liberty can only be restricted for the sake of liberty only.

The second principle of justice is the “ Social and economic inequalities are to be arranged so that they
are both (A) to the greatest benefit of the least advantaged, consistent with the just saving principle and
(B) attached to the office and positions open to all under condition of fair equality of the opportunity.
The second priority rule is the priority of justice over the efficiency and welfare. An inequality is only
enhanced only when it provide opportunity to those having the lesser opportunity. AN EXCESSIVE RATE
OF SAVING WILL BE USED FOR THOSE who are bearing such type of hardship.