Natural Law Theory

Natural Law Theory
Introduction:
Natural law theory is a legal theory that recognizes the connection between the law and
human morality. It is a legal theory that recognizes law and morality as deeply connected, if
not one and the same. Morality relates to what is right and wrong and what is good and bad.
Natural law theorists believe that human laws are defined by morality, and not by an
authority figure, like a king or a government. Therefore, we humans are guided by our
human nature to figure out what the laws are, and to act in conformity with those laws.
Natural Law:
The term 'natural law' is derived from the belief that human morality comes from nature.
Everything in nature has a purpose, including humans. Our purpose, according to natural law
theorists, is to live a good, happy life. Therefore, actions that work against that purpose ,that
is, actions that would prevent a fellow human from living a good, happy life are considered
'unnatural', or 'immoral'.
Definition:
Natural law is a law which is inherent in the nature of man and is independent of
convention, legislation or any other institutional devices.
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 on.
Supporters of Natural Law theory:

  Socrates
  Plato
  Aristotle
  Fennis
  Thomas Aquinas
Concept of Natural Law Theory:

 Natural Law Theory seeks to explain ‘Law’ as a phenomenon which in order to be valid
must meet the standards of a ‘higher law’ based on morality.
 Naturalists say Law is what humans conceive good through reason. As the word natural
is derived from the word Nature. They belive that reason has been induced in men from
God.
 People of every society follows their own God. Through reason we know about justice,
right or wrong. If one kills another person before you, then what will your reason say? Is
it right or wrong? Killing another person is forbidden by natural law, no matter the
circumstance, as it goes against the human purpose of life. Even if someone is, say,
armed and breaking into another person’s home, under natural law the homeowner still
does not have the right to kill that person in self-defense. It is in this way that natural
law differs from actual law.
Main Exponent of Natural Law theory:

Stammler (1856-1938) was an exponent of natural law with a variable content.
Stammler’s point of view:
He defines law as to be the species of will. According to him law is regarded as the highest
expression of man’s social life and aims at preserving the freedom of individuals.
In his point of view two things are to be kept in mind for law to be termed as “just”.
 Principles of respect
 The principles of community participation
Features of the Natural Theory of Law

1. The development of the concept of equity, human rights, and democracy across the
globe.
2. It is based on reasoning, and not revelation this allows making it possible for everyone to
follow the principles.
3. It is universal and absolutist; so it is always relevant.
4. It allows for a clear cut approach to morality and establishes common rules.
Difference b/w Natural Law and other laws:

1. Natural law is eternal and unalterable but the other forms of law are subject to changes.
2. Man does not create natural law. It is only discovered by him whereas other
laws are created by man.
3. Natural law is not enforced by any external agency but every other law is enforceable by
the state.
4. Natural law is not promulgated by legislation. It is the outcome of preaching of
philosophers etc.
5. Unlike other forms of law, natural law has no formal written code.
Criticism of the Natural Law Theory

However, Natural Theory of Law has its own undeniable criticism, and some of
these are below:
1. It is not always a simple school of thought. The determination of what is right
and what is wrong is sometimes as hard as anything.
2. Natural law philosophy stresses ‘what ought to be done’ and not necessarily
‘what is done.’
3. The theory is based solely on right reasoning, which is a criterion that cannot be
verified through empirical scrutiny.
4. There is what we call ‘the multiple-conscience problem.’ That is to say, different
individuals have different explanations for, and determinations of, what is right
and what is wrong.
5. Legal disputes may be settled by the law courts but the disputes relating to moral
conduct cannot be enforced through courts.
6. Rule of morality in natural law cannot be amended but legal rules are amendable.
7.
Conclusion:
Natural law is a philosophy that is based on the idea that “right” and “wrong” are
universal concepts, as mankind finds certain things to be useful and good, and other
things to be bad, destructive, or evil. This means that, what constitutes “right” and
“wrong,” is the same for everyone, and this concept is expressed as “morality.The
natural law theory pays particular attention to the concept of self-defense, a justification
often relied upon in an attempt to explain an act of violence. In a nutshell, the primary view
of this theory is that there are certain objective principles in every man, no matter his
colour, race or tribe, that tells him what action or any form of act is right, fair and just. These
principles motivate him to do what is good and abstain from what is evil.

Natural Law Theory

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Natural Law Theory

Supporters of Natural Law theory:

Concept of Natural Law Theory:

Main Exponent of Natural Law theory:

Features of the Natural Theory of Law

Difference b/w Natural Law and other laws:

Criticism of the Natural Law Theory

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