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    Natural Law Theory - Part 5 Decline of Natural Law Theory

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    abhilasha mehta
    Natural law theory declined in the 19th century due to rising nationalism, the growth of empirical science, increasingly complex societies, and the rise of legal positivism as proposed by thinkers like Bentham and Austin. However, natural law theory saw a revival at the end of the 19th century due to reactions against exaggerated legal positivism, a realization that abstract thinking was still valuable, and a need for a value-oriented legal system following events like World War I. The revised natural law theory incorporated ideas from various legal approaches and sought to harmonize natural law with changing human ideals and social contexts.

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    Natural Law Theory - Part 5 Decline of Natural Law Theory

    Uploaded by

    abhilasha mehta
    256 views2 pages
    Natural law theory declined in the 19th century due to rising nationalism, the growth of empirical science, increasingly complex societies, and the rise of legal positivism as proposed by thinkers like Bentham and Austin. However, natural law theory saw a revival at the end of the 19th century due to reactions against exaggerated legal positivism, a realization that abstract thinking was still valuable, and a need for a value-oriented legal system following events like World War I. The revised natural law theory incorporated ideas from various legal approaches and sought to harmonize natural law with changing human ideals and social contexts.

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    Natural law theory declined in the 19th century due to rising nationalism, the growth of empirical science, increasingly complex societies, and the rise of legal positivism as proposed by thinkers like Bentham and Austin. However, natural law theory saw a revival at the end of the 19th century due to reactions against exaggerated legal positivism, a realization that abstract thinking was still valuable, and a need for a value-oriented legal system following events like World War I. The revised natural law theory incorporated ideas from various legal approaches and sought to harmonize natural law with changing human ideals and social contexts.

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    256 views2 pages

    Natural Law Theory - Part 5 Decline of Natural Law Theory

    Uploaded by

    abhilasha mehta
    Natural law theory declined in the 19th century due to rising nationalism, the growth of empirical science, increasingly complex societies, and the rise of legal positivism as proposed by thinkers like Bentham and Austin. However, natural law theory saw a revival at the end of the 19th century due to reactions against exaggerated legal positivism, a realization that abstract thinking was still valuable, and a need for a value-oriented legal system following events like World War I. The revised natural law theory incorporated ideas from various legal approaches and sought to harmonize natural law with changing human ideals and social contexts.

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    of 2

    NATURAL LAW THEORY – PART 5

    DECLINE OF NATURAL LAW THEORY

    The Natural law theory received a setback in the 19th Century. The reasons for its decline are as
    follows:

     Rising tide of nationalism in the 19th century attacked the very foundation of
    individualistic conception of society.
     Growth of natural science: natural science emphasis on empirical methods (based on
    observation and experiments) as against a prior method (accepts or rejects something
    without any observation and experiments) which was the sole basis of natural law theory.
     Complex society was increasingly emerging with various problems as such it needs a
    complex solution based on comparative and sociological approach and not an abstract
    one.
     Rise of analytical and historical school of jurisprudence.
     Moreover, Bentham and Austin rejected natural law theory and regarded it as ambiguous
    and misleading. Bentham called it a “simple non – sense” since absolute equality and
    absolute liberty were repugnant to the existence of the State.
     Moreover, the teaching of historical and sociologists on environment and conditions such
    as climate, soil, religion, custom, commerce etc. and not on sole authority of reason.

    In the new climate of opinion, the prevailing natural law theories could not survive and their
    place were taken by analytical and historical school of jurisprudence in the 19th Century.

    REVIVAL OF NATURAL LAW THEORY

    Towards the end of 19th century the ‘natural law’ theories revived due to many reasons, some of
    which are:

     First, a reaction against 19th century legal theories which had exaggerated the
    importance of ‘positive law’ was due and theories which over-emphasized positivism
    failed to satisfy the aspirations of the people because of their refusal to accept morality
    and ‘reason’ as element of law;
     Second, it was realized that abstract thinking or a priori assumptions were not completely
    futile;
     Third, the impact of materialism on the society and the changed socio-political
    conditions compelled the 20th century legal thinkers to look for some value-oriented
    ideology which could prevent general moral degradation of the people.
     Fourth, the World War I further shattered the western society and there was a search for
    a value-conscious legal system.
     It was realized that the ideologies like Fascism and Nazism were the outcome of over –
    emphasis on historical school of jurisprudence which over – emphasized on the cultural
    and social characters of legal system.

    Hence, all these factors led to the revival of natural law theory. However, the revised natural law
    theory was different from the original natural law theory. The new theories of natural law took
    into account the various approaches to law such as analytical, historical and sociological
    approaches. They also sought guidance from contemporary theories in other branches of
    knowledge. The revised natural law theory is relative and not abstract and unchangeable. The
    new approach of natural law is concerned with practical problems and not abstract ideas. It tries
    to harmonise natural law with the variability of human ideals. It takes into account new theories
    which put emphasis on society. Due to this, the revised natural law theory has been called as
    “natural law with a variable content”. The prominent philosophers of revised natural law theory
    are John Rawls, Finnis, Fuller.

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