PHILOSPHY OF LAW

NATURAL LAW THEORY

1. INTRODUCTION
The philosophy of natural law has always been very important in politics, law, religion, and ethics, since ancient
times. It has helped to bring harmony, organize ideas, and encourage peace and justice throughout history. It
has protected the public from unfairness, strict rule by a single person, and poor governance. Natural law is
praised for helping people escape from political and legal disorder and for showing how it has developed over
time.

2. MEANING OF NATURAL LAW

According to Merriam Webster Dictionary
Natural law is a set of laws or principles believed to come from nature itself and are binding on all human
societies, whether or not there are other written laws.
First use; 15th century

3. DEFINITION OF NATURAL LAW

a. According to Oxford Dictionary Of Law
The Permanent underlying basis of all law.
The philosophers of ancient Greece, where the idea of natural law originated.
Theories of natural law have been important part of jurisprudence throughout legal history.
b. According to Oxford Dictionary of Sociology
The ambiguity of term Natural Law rests upon a metaphorical link between regularities in nature and the
authoritative-regulation of human activity. In its later use, natural law refers to principles of law and morality,
supposedly universal in scope and binding on human conduct.
c. The exponents of natural law philosophy conceive that it is a law which is inherent in the nature of man and is
independent of convention, legislation or any other institutional devices.
d. According to Cohen, natural law is not body of actual enacted or interpreted law enforced by courts. It is in
fact a way of looking at things with a humanistic approach of Judges and jurists. It embodies within it a host of
ideals such as morality, justice, reason, good conduct, freedom, equality, liberty, ethics and so o

4. MAIN EXPONENT:
Stammler (1856-1938) was an exponent of "natural law with a variable content."

5. IMPORTANCE OF NATURAL LAW

(i) Blackstone observed, "natural law exists alongside mankind and comes from God Himself". It is superior to all
other laws. It applies to all countries at all times, and no man-made laws should go against the law of nature. The
idea of natural law might seem like a constant pursuit of absolute justice. However, it should not be
misunderstood that natural law has a merely theoretical importance. Its practical value is a historical fact, as it
has led to a wave of liberalism and individual freedom.
freedom and inspired people to rebel against oppressive rule in France and Germany. International law gets its
beginning, growth, and importance from natural law philosophy. The law of nations gets its power and authority
from natural law.
(ii) Dr. Freedman has stated that the history of natural law is a story of humanity's search for complete justice
and its failures. Therefore, with changes in social and political conditions, the ideas about natural law have also
changed. Thus, natural law has acted as a driving force for significant changes in the old legal system that was in
place. It brought about changes in the old Roman law during the Justinian period. The most important
contribution of natural law theory to the legal system is its belief in a universal order that governs all people and
the rights that cannot be taken away from individuals.
(iii) Legal thinkers have expressed different opinions about how far natural law extends.
(iv) The philosophy of natural law was most influential in Greece around the 5th century B.C. At that time, it was
believed that if something was external to humans, it was law.
(v) Sophists called it a system of rules that contain reason.
(vi) Socrates, Plato, and Aristotle also accepted that the principles of reason are a universal force and that all
people are given reason, regardless of their race or nationality.
(vii) Cicero supported natural law because it is the creation of reason in intelligent people who are at their
highest level of creation through their ability to reason.

6. MAIN CHARACTERISTICS OF NATURAL LAW

The key features of natural law can be summarized as follows:
(i) Apriori Method; It is fundamentally an apriori method, which means it's different from methods based on
observation or experience.
(a) Apriori accepts ideas or conclusions about a topic without needing any investigation or observation.
(b) Empirical or aposteriori methods try to find out the causes and reasons related to the subject.

(ii) Based on Moral ideals; It represents a physical law of nature that is based on moral principles. These
principles apply everywhere and at all times.

(iii) Used to defend/maintain status; It has often been used either to support a change or to keep things as they
are, depending on the needs and demands of the time.
Example
(a) Locke used natural law to bring about change.
(b) Hobbes used it to maintain the existing state of affairs in society.

(iv) Concepts of 'Rule of Law'; The ideas of 'Rule of Law' in England and Pakistan, and 'due process' in the USA,
are fundamentally based on natural law philosophy.

7. NATURAL LAW DISTINGUISHED FROM OTHER LAWS.

Natural law, by its very nature, is different from positive law. This is because natural law rejects the possibility
of a strict separation between what 'is' (facts) and what 'ought' to be (morality) in law. It believes that such a
separation unnecessarily causes problems.
Confusion in the field of law occurs when there's a sharp distinction between what 'is' (reality) and what 'ought
to be' (morality or justice). This also makes it difficult to accept that morality or justice is a key part of law.
Supporters of natural law theory argue that ideas of 'justice', 'right', or 'reason' come from human nature and the
nature of law. Therefore, this aspect cannot be completely removed from the scope of law.
Natural law also differs from other types of law, such as church law, common law, constitutional law, and
international law. This is seen in the following ways:
(i) Nature:
Natural law is eternal and cannot be changed, while other forms of law can be altered periodically.
(ii) Creation:
Humans do not create natural law. It is only discovered by them, whereas other laws are created, developed,
changed, and modified by humans.
(iii) Enforcing:
Natural law is not enforced by any external group. Every other type of law is enforced by the State, a governing
power, or a ruler, and there is always a force behind it to ensure compliance.
(iv) Promulgated:
Natural law is not formally declared by written legislation. Instead, it is the result of the teachings of
philosophers, prophets, saints, and so on. In this sense, it is a higher form of law to which all human-made laws
should comply.
(v) Formal code:
Unlike other types of laws, natural law does not have a formal written code. Also, there is no specific
punishment for breaking its rules, nor any special reward for following them.
(vi) Eternal lasting value:
Natural law has an eternal value that cannot be changed, and it has generally been accepted that any human-
made law that goes against natural law may succeed for a while, but it is likely to fail eventually.

8. NATURAL LAW THEORY

Natural law theory is a legal philosophy that recognizes that law and morality are deeply connected; they are
not separate. Morality explains what is right and wrong and what is good and bad. Natural law thinkers believe
that human laws are defined by morality, not by a governing authority like a king or government. Therefore, we
humans are guided by our human nature to find out what the laws are, and to act in agreement with those laws.
The term 'natural law' comes from the belief that human morality originates from nature. Everything in nature
has a purpose, including humans. Our purpose, according to natural law thinkers, is to live a good, happy life.
Therefore, actions that go against that purpose—that is, actions that prevent a fellow human from living a good,
happy life—are considered 'unnatural', or 'immoral'.
Laws have a purpose too: to provide justice. From a natural law perspective, an unjust law (a law that doesn't
provide justice) is not considered a true law at all. Therefore, a law that is flawed is one that no one should
follow. In short, any law that is good is moral, and any moral law is good. Legal positivism is a legal theory that is
the opposite of natural law theory. Legal positivists believe that a law can be deeply flawed, and yet still be
considered a law.
ETHICS:
The concept of morality under natural law theory is not subjective. This means that the definition of what is
'right' and what is 'wrong' is the same for everyone, everywhere.
The natural law approach to solving ethical problems begins with the basic belief that everyone has the right to
live their life. From this, natural law thinkers draw a line between an innocent life and the life of someone who
commits injustice. The natural law theory recognizes the legal and moral concept of self-defense, which is often
used to justify acts of war.
Natural law theory is not always a simple school of thought. It should not be surprising that the ethics
associated with natural law are complicated. The idea that the definition of what is 'right' and what is 'wrong' is
the same for 'every person' sometimes makes it difficult to apply to complex ethical problems.

9. DECLINE OF NATURAL LAW THEORY

(i) Montesquieu strongly believed in the principle of natural law. He maintained that law must be influenced by
the environment and conditions such as climate, soil, religion, customs, trade, etc. His comprehensive study of
law and governments led him to challenge the natural law doctrine. His approach weakened the doctrine of
natural law.

(ii) Theoretical Basis of Natural Law

(a) David Hume (1711-1776) destroyed the theoretical basis of natural law. His theory of natural law was based
on the idea that reason is a faculty present in all people, which produces unchanging moral rules. Hume showed
that reason, when applied to systems of natural law, led to confusion.
(b) *According to Hume, values are not an inherent part of nature, nor is justice. Reason can only figure out the
methods that will lead to specific results. He questioned the idea of a perfect, complete, and discoverable
system. If such a system existed, there would not have been so many different interpretations and the need for
positive law (laws created by humans).

(iii) Reaction Against Excessive Individualism

At the beginning of the 19th century, there was a reaction against extreme individualism. This reaction was
supported by later natural law theories, which contributed to the French Revolution. This led to a more
collective view on life, and natural law theories began to decline.

(v) Other Reason; Objections to natural law theories also came from other areas.
(a) Environment; The teachings of historians and sociologists emphasized the impact of the environment.
(b) Pragmatic Spirit Of science; The a priori methods (reasoning from general principles) used by natural law
philosophers were not accepted by those who favored practical and scientific approaches.
influenced by the practical mindset of science. The later developments in natural law were critically examined,
and their foundations were found to be false or based on incorrect ideas. It was discovered that there was no
basis for the claim that humans always seek social or that humans are always selfish. It was argued that the
entire idea of natural law was more of a psychological reaction than a reasoned one. It became clear that the
complex problems of the 19th century required a realistic and practical approach, not a natural law approach
based on abstract ideas. In this new intellectual climate, the dominant natural law theories could not survive,
and their place was taken by historical and positive approaches to law.
(c) Bentham (1748-1832) viewed natural law as having no real value. He strongly criticized the idea of natural
rights and described them as "simple nonsense; natural and prescriptive rights, rhetorical nonsense, nonsense
upon stilts."
(d) John Austin (1799-1859) rejected natural law because it was ambiguous and misleading. According to him,
the study of law concerns positive law, which is what he considered true law. Austin was against the idea of
natural rights for individuals versus the State. His view was that all rights are created and regulated by the
State. The State did not originate in a social contract. People do not obey the State out of formal agreement but
because they are forced to obey. The State continues to exist because it is useful to the people
Although the 19th century was unfriendly to natural law theories, the tradition of natural law continued on the
continent, but with less influence and without significant new ideas, according to Abrens, Krause, and
others.bLorimer re-established the traditional natural law theory by defining the ultimate goals of positive law
and creating a list of rights revealed by nature.

10. MODERN NATURAL LAW THEORIES:-

The following are the three main thinkers who contributed to modern natural law theories:
(a) Stammler:
He was greatly influenced by positive law (laws made by humans). He stated that "all positive law is an attempt
to achieve just law." This means that the lawmaker should have a proper understanding and knowledge of the
actual social world or how society is organized.
(b) Kohler:
His ideas were influenced by Hegel. According to Kohler, Law is a standard for behavior that comes from a
human urge to act in a reasonable way. It also gets its legitimacy from moral and ethical principles.
standard in society. He therefore emphasized the moral and cultural development of society.
(c) Finnis:
Finnis is also a very well-known legal scholar of the current century. He has provided a definition and a position
for natural law. According to Finnis, Natural Law is a collection of principles of practical reasonableness that
apply in everyday human life and within human communities. He proposes that there are certain fundamental
goods for human beings.

11. CRITICISM
Critics of natural law theory say that it is questionable. However, they argue that the basic nature of humans
(Homo sapiens) creates laws of behavior for people in the same way that natural laws establish behaviors for
animals like cats, lions, and polar bears. It is particularly difficult to understand human behavior because much
of it is influenced by the environment, that is, by intentional and unintentional training and education.

12. CONCLUSION:
To conclude, Natural Law refers to those rules and principles believed to come from a higher source than any
political or global authority. Some thinkers believe these rules are divinely inspired. Others believe they
originate from nature, while still others hold that they are the product of human reason. Even modern
sociological legal experts and realists have used natural law to support their sociological views and the concept
of law as a way to balance the conflicting interests of individuals in society. This brief overview of natural law
theories shows that its meaning has evolved over time.