ASSIGNMENT NO: 1 on jurisprudence

TOPIC: NATURAL LAW THEORY NATURE DEFINATION

Submitted By
Bhavitha. Birdala
Third year B.ALL.B

Submitted to
Prof. M.S MANJULA.RS
Assistant professor of law
DECLARATION:

I hereby declare that the research assignment no 1 titled NATURAL LAW THEORY carried
out

Under the guidance of M.S MANJULA RS is a record of bona-fide research work

Undertaken by me in partial fulfilment for award 5 year B.ALL.B offered by Christ academy

Institute of law, Bengaluru. The said work is an authentic research and not submitted before

Any other university academic programs for the award of any degrees.

Bhavitha .Birdala

Reg No: 45419231015

B.ALL.B 5TH SEM

DATE: 13.01.2022

PLACE: BANGLORE
ACKNOWLEDGEMENT 

First and foremost, praise and thanks in the God, the almighty, for his shower of

             Blessings throughout my assignment to complete it successfully.

I would like to express my deep and sincere gratitude to my experience 

MS MANJULA RS, assistant prof., Christ Academy Institute of law Bangalore for

Giving me the opportunity to work on this assignment. 

                    I am very grateful for his help throughout the assignment.

          Although, this report has been prepared with utmost care and deep routed   

                      Interest.  Even then I accept respondent and imperfection.

                                                                                          BHAVITHA.BIRDALA 

                                                                                               B.ALL.B (B) 5thSEM 

                                                        
 CERTIFICATE

          This is to certify that the forgoing study by Ms. Bhavitha. Birdala student of

          Christ Academy institute of Law, Bangalore, in hereby approved as creditable

            Work on the topic “NATURAL LAW THEORY”.

Place:  Bangalore        

Date:  13-01-2022                                                         

MS. MANJULA RS

                                                                     (Assistant professor) CAIL, Bangalore.

 ACKNOWLEDGEMENT

 DECLARATION

 CERTIFICATE

 ABSTRACT

 INTRODUCTION

 MEANING & NATURE

 AIM OF THE PROJECT

 RESEARCH METHODOLOGY

 RESEARCH QUESTIONS

 DEVELOPMENT OF THIS THEORY

 INFLUENCE THROUGH CASE LAWS IN INDIA

 CRITICISM

 CONCLUSION

 BIBLOGRAPHY
INTRODUCTION:

Natural law is the law that state that human by nature reason a lot. It is a philosophical theory
that believes humans have certain rights and moral values that are inherent to them. Natural
law is professed to be a universal concept and is not based on any custom or culture. The
ideology that natural law portrays out is that human beings inherently know what is right and
what is wrong, they can distinguish it out through reason. They do not have not to be taught
what natural law is, it is innately present from birth.

Natural law has been used to both support a change and maintain a status quo, an example of
this is Locke used natural law to support a change and Hobbes used natural law to maintain
the status quo. Natural law was present from ancient times and we can even find traces of it
in the current legislative texts. In England and India, natural law can be found in the concept
of rule of law and in the USA, it can be found in the concept of due process.

Natural law is termed as the law of reason and the divine law, here a general question might
arise, how Can natural law be termed as both divine law and the law of reason. Isn’t it natural
to think that if natural law is the law of reason then questioning the existence of God is
clearly based on our reasoning, if this is the case wouldn’t it be contradictory o the whole
concept of divine law and the law of reason?

However, Stephen pope in the article reason and natural law states that theological ethics and
natural law are connected for two reasons, one is that there is an increase of moral realism
which states that moral standards are based in reality and it is objective in nature rather than
being manufactures out of human decisions. The second reason is that natural law has a
universal scope and it applies to all human beings irrespective of their financial status.
Natural law theory meaning & definition:

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.

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'.

Laws have a purpose too: to provide justice. From a natural law perspective, a law that
doesn't provide justice (an unjust law) is considered 'not a 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 the natural law
theory. Legal positivists believe that a law can be deeply flawed, and yet still be considered a
law

AIM OF PROJECT:

The aim of the project is to study the natural law theory in relevance to its sources and
different classification of natural in four different ways and about natural law theory in India
and about the decline of this theory and critics that which are concerned.

RESEARCH METHODOLOGY:

This research is a doctrinal one which concerns about with all the historical aspects and
explanatory has been substantiated with the views of different philosophers with all these
coming to a critical analysis

1. Primary and secondary sources

(Books & articles)

1. Whether the classification of natural law is important to understand the historical aspect of
natural law?

2. Why the state of natural law is considered as one of the basic element and who explained
it?

3. What are the main arguments in this theory?

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

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

The story of natural law behind the philosophers of ancient Greece. The Greeks traditionally
regarded law as being closely related to justice and ethics. Greek who were the first
distinguished law from blind faith?

The ancient period is further divided into two periods that are:

1. Greek period

The main authors of Greek period are as follows;

Heraclites (530-470 B.C)

The foundation of Natural law philosophy was by the Heraclites and it also gives three
aspects_ unlimited goals, stages and reason are important for the natural law.

Socrates (470-399)

According to Socrates “Law is a product of correct reasoning”1. ‘Human insight’ that a man
has capacity to distinguish between good and bad and is able to appreciate the moral values.
This human ‘insight’ is the basis to judge the law.

Plato (427-347 B.C)

It is a supporter minimum governance policy means “ultimate” justice is discoverable

Aristotle (385_322 B.C)

It believes that Natural law has elements of reason, justice and ethics mean that “Universal
and immutable standards discoverable through reason and man-made law should conform to
these standards. According to him, man is a part of nature in two ways: Firstly he is the part
of the creatures of the god and secondly, he possesses insight and reason by which he can
shape his will.”

Roman period

The Natural law philosophy found on expression in the Roman legal system through the
division of Roman law into three distinct divisions _ jus civil, jus gentiam and jus natural. It
also gives natural law is equal to universal law and the code of gaudier also.

The main author Roman periods as follows:-

Cicero

He said the law is the highest reason, implanted in nature which commands what ought to be
done and forbids the opposite. This reason when firmly fixed and fully developed in the
human mind is law.

Medieval period/Middle ages

It is a time of catholic philosophers or logicians of the Middle Ages gave a new theory of
‘Natural law’. Though they too gave it the logical basis. They departed from the orthodoxy of
the early Christian father. Their views are more logical and systematic.

The main authors of the medieval period are as follows;-

Augustine (354-430 A.D)

It believes that what are states without justice but robber hands enlarged (De civitas Dei)
(The city of god). It also believes that natural law as a part of natural foundation of
Christianity due to its origins in the old Testament early church father.
Thomas Aquinas (1226-1274)

It believes that ‘unjust’ law deserve no obedience’ means that man finds out natural law by
applying ‘reason’ and studying scriptures of the revelation of God. St. Thomas Aquinas gave
four-fold classification of law’s namely;-

Law of God or external law

Law of nature (which revealed through nature)

Human law (which we now called positive law

Law of divine or the law of scripture

Renaissance Period

It is revival of learning as scholar re-studying Greeks and Roman instead of relying on

The main authors of Renaissance period are as follows:-

Hugo Grotius (1583-1645)

It is known as father of international law. Grotius built his legal theory on ‘Social Contract’.4
His view in brief is that political society rest on a ‘social contract’ It is the duty of the
sovereign to safeguard the citizens because the form was given power only for that purpose.

Thomas Hobbes (1558-1679)

It was a supporter of absolute power of the ruler and subjects had no right against the
sovereign.

John Locke (1632- 1704)

John Locke too recognized the existence of certain inalienable natural rights. He categorized
them as ‘’life, liberty and estate (property) Locke’s social contract is based upon liberalism.
Rousseau (1712- 1778)

According to Rousseau, “man by nature never thinks and he who thinks is a corrupt
creature.” He believed that the state of nature was an idyllic state where in man did not reason
things out and lived in absolute liberty with the free mind.

Immanuel Kant (1724-1804)

He emphasized that the basis of social contract was ‘reason’ but Kant gave a sharp distinction
between natural law rights and acquired rights and recognized only one natural right that is
the right to freedom.

Hegel (1770-1831)

Hegel also plays a vital important role in natural la w school. School of Hegelianism Aristotle
of modern times. It is the most prominent philosophy of the philosophical school jurist and it
also give their theory in which they said that state and law is a reason of growth of the human
logic.

Modern period

The modern period is further divided into two that is:-

1. 19th century Un favorable to natural law.

The decline of natural law theories took place in the 18th- 19th Century with the
advancement of empirical methods of study and scientific behavior. Natural law theories
were denounced primarily because its source was said to be a divine entity. The profounder
Austin rejected Natural law on the ground that it was ambiguous and misleading and
mercilessly criticized the natural law school as “simple nonsense, natural and imprescriptible
right rhetorical nonsense upon stilts.”

2. 20th century the Revival of Natural

The 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
aspiration of the people because of their refused to accept morality and reason as an element
of law.

Secondly, it was realized that abstract thinking or a priors assumption were not completely
futile.

Thirdly, the impact of materialism on society and the changed socio-political condition
compelled the 20th-century legal thinker to look for some value-oriented ideology which
could prevent general moral degradation of the people.

The main authors of the 19th century the Revival of natural law are as follows:-

Rudolf Stammler (1856 – 1938)

Stammler defined law as “species of will others regarding self-authoritative and inviolable for
him a just law was the highest expression of man.”

Kohler (1849 – 1919)

Kohler defines law as “the standard of conduct which in consequence of the inner impulse
that urges upon men towards a reasonable from of life, emanates from the whole and is force
up on the individual”

HLA Hart (1907 – 1992)

Hart, attempted to restate a national law position from a semi- sociological point of view.
Hart points out that there are certain substantive rules which are essential if human beings are
live continuously together in close proximity. “These simple fact constitute a case of
indisputable truth in the doctrines of natural law”.

Natural Law Theory in the Roman period

The Romans did not merely restrict their study of ‘Natural Law’ to theoretical debates but
took it further by transforming their rigid legal structure into cosmopolitan living law to give
it a functional form. In this way, through the division of Roman law into three different
classes, namely ‘Jus civile’, ‘Jus gentium’ and ‘Jus naturale’, natural law exerted a very
positive influence on Roman law.

Later, when Roman citizenship was expanded to all but a few groups of individuals, both of
these were combined to be regarded as ‘Jus naturale.’ The question of disagreement between
‘Positive Law’ and ‘Natural Law’ was not bothered by Roman lawyers. The question of
disagreement between ‘Positive Law’ and ‘Natural Law’ was not bothered by Roman
lawyers. While there was a common feeling that natural law based on reason and conscience
was superior to positive law, the latter should be disregarded in the event of a dispute
between the two.

Natural Law Theory in India

Probably the world’s most ancient legal structure is the Hindu legal system. At a very early
point, they established a very logical and thorough body of law. The whole body of law is
pervaded by a sense of justice.’ But its systematic and natural development was stopped by
frequent changes in the political structure and government and numerous foreign invasions,
one after the other. No sufficient attention could be paid to the study of this legal framework
under International Law. It is still unknown, uninvestigated, with several hypotheses and
concepts. The questions that cannot be answered with great certainty are whether or not there
was any principle of ‘Natural Law’ and, if there were any, what was its authority and its
relation to ‘Positive Law.’

Any principles and provisions may, however, be pointed out in this regard. The law owes its
existence, according to the Hindu view, to Heaven. In ‘Shruti’ and ‘Smritis’, the law is
issued. The king is clearly to impose the rule and he is bound by it himself and he should be
disobeyed if he goes against this law. Puranas are full of cases in which, when they went
against the existing law, the kings were dethroned and beheaded.

CHARACTERSTICS OF NATURAL LAW:

2. Whereas an empirical or a posteriori approach tries to find out the cause and reason
relating to subject matter

3. Natural law is a universal, that is to say, it applies to the entire human race, and is in itself
the same for all.

4. It commands and forbids in the same tenor everywhere and always.

The state of natural law was explained by Hobbes, Locke and Rosseau as:

Hobbes state of Natural Law Theory

The core philosophy of natural law was the right to self-preservation. Man lived in a turbulent
state in his state of existence and his life was subject to fear and egoism. There was perpetual
and destructive warfare in this state of nature that threatened everything. Natural cause, under
these prevailing conditions, prescribed to man the law of self-preservation for which he
sought to escape from the state of permanent insecurity. The self-preservation theory suggests
that man has a natural need for protection and order. Hobbes also stated that the law of nature
was based on nature which stated what a man should do and what he shouldn’t do.

John Locke’s state of Natural Law Theory

John locke’s state of nature was a state of peace, goodwill and mutual assistance. He was in
favor of individualism and, according to him, natural law grants individuals more authority
than the sovereign. The natural rights of persons are inalienable, according to him; the right
to property was foremost among them. Meh had all the rights nature could provide them
within their state of nature but they did not have the regulatory organization that could
regulate these.

He stated that some rights such as the right to property, liberty and life lies with the
individuals themselves and he also believed that the right of private property was already a
part of human even before the introduction of the social contract. A social contract according
to Locke is the contract that individuals entered into as to protect their property.

Rosseau’s state of Natural Law Theory

Every person lived a free life in the state of nature. He understood neither right nor wrong,
and no private property, no envy and no competition existed. Innocence was everywhere.
This state of affairs did not last long. However, People began to think about their property in
due course of time and the disparities between the rich and the poor came into the picture
which became the reason of inequality.

In order to resolve these issues, persons entered into a contract in which their rights were
surrendered to society as a whole. Therefore, the individual’s right was the community’s
right. Rousseau’s general will of society was stressed, and sovereign authority was bound to
do what was in society’s common good.

The main argument of this theory of natural law believes that our civil laws should be based
on morality, ethics, and it is inherently correct in the contrast to man-made law or otherwise
Or as positive law which it is defined by a statute and this concept of common law may or
may not reflect this natural law context.

The decline of Natural Law Theory

In the 18th-century natural law theory had a decline. The principle of natural law has been
expressed in the economic and political developments that have taken place in Europe. Such
new changes and technologies have called for concrete and political solutions. Natural
science’s amazing growth and new political theories gave momentum to analytical
approaches and dismissed deductive techniques. There were many philosophers and
historians who dismissed natural theory.
Hume stated that in the scheme of natural law, the explanation understood was based on
uncertainty and in nature, neither ideals nor fairness is universal. Natural law is nothing but a
word, according to Bentham. He has criticized the natural law and called it “simple and
rhetorical nonsense”. His view of the principle of equality was negative, as he said that
“absolute inequality is absolutely impossible” and that absolute democracy under any kind of
government is explicitly repugnant. Austin was also opposed to the philosophy of natural law
and, according to him, it was vague and dishonest.

The de-recognition of natural law

After the First World War, western civilization was utterly destroyed. There was no balance
and the need for an ideal of justice had grown. Positive law theories have utterly failed to
address new problems produced by the changing social circumstances that have contributed
to the resurgence of the theory of natural law. There was an emergence of fascism and
marxism which led to the revival of natural law theories. This natural law is not abstract and
unchangeable in relative terms and is concerned with practical issues rather than abstract
concepts. This modern natural law theory deals with different principles of humanity. So,
“natural law with variable content” is named.

CRITICISM:

1. The moral proposition i.e. ought to be may not always necessarily conform to the needs of
the society. For instance giving birth to children may be a natural phenomenon but it may not
always be considered as obligatory moral duty of men to conform to this conduct.

2. The rules of morality embodied in natural law are not amenable to changes but the legal
rules do need change with the changing needs of society.

The natural law is based on reason, law could not be based only on reason but instead
legislature and source should also be considered. The traditions, customs, moral values, judge
made laws, society also should be taken into account which is not emphasised in natural law
theory.
During the Medieval period wherein church was the absolute to make rules or law whereby
they said that law is divine and made by god himself is not acceptable to many theorists
according to medieval period theorist the church made laws are supreme and laws are law of
god or external law divine law or law of scriptures is not justified as those era church tried
dominating the whole of Europe saying the supremacy of law rather it is made by church
fathers and it may be called as law made by fathers. Although Law may be of divine origin
but all laws in the society could not be made by divine, even society make law by its customs
and traditions.

Fundamental rights being natural rights or the most essential rights for human existence like
freedom of speech and expression and many other rights being curtailed. Thus sometimes the
theory of natural law is being denied as for the wellbeing of the society. Other than the above
rights even right to life is being the most essential right as natural law is infringed by way of
special power for armed forces act 1958. Which depicts that natural law theories are not
Excusive but some act should be done against it for the welfare of the society.

Conclusion

Every culture is subject to continuous change, and these changes take place from time to time
according to people’s needs. This study makes it clear that natural law has also been subject
to reform since the Ancient Period. Its spectrum is very broad and encompasses various
facets of society. It has been used to spread various philosophies, such as theocracy,
individualism, and absolutism. It has created numerous revolutions and has also driven the
growth of positive legislation.

The concepts of natural law have been expressed in various countries’ legal systems. A
variety of principles of natural law have been reflected in the legal system of England, for
example. India also borrowed such values, such as justice, equity and good faith, from
England. A large number of concepts are based on the philosophy of natural law in the
constitution of India, such as fundamental rights, the right to equality and judicial supremacy.
Finally, we may conclude that in the world’s legal jurisprudence, natural law has made a
great contribution.

FOOT NOTES:
1. Natural law of jurisprudence

https://lawcorner.in/natural-law-school-of-jurisprudence/

2. Natural law theory

https://legal60.com/natural-law-theory-an-overview/

3. Natural law theory influence

https://www.scribd.com/document/429174486/Natural-Law-Influence-India

BIBLOGRAPHY:

1. Natural law theory

https://legal60.com/natural-law-theory-an-overview/

2. Natural law theory influence

https://www.scribd.com/document/429174486/Natural-Law-Influence-India

3. Natural law by legal services India research article by lakshyender

http://www.legalservicesindia.com/article/519/Natural-Law.html