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 is known through different names, such as: Moral Law, Universal Law, Unwritten Law, Law of Reason, God’s Law or Law of Mankind.

Meaning:

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 and happy life is 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 infact 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.
• Natural law is a set of principles of right and wrong which are inherited in nature of a person and not created by society and judges.

 

Supporters of Natural Law theory:

• Socrates
• Plato
• Aristotle
• Fennis
• Thomas Aquinas

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.
5. Equality, Goodness, ethic, morality, faith are the main features of Natural Law theory.

MERITS OF NATURAL LAW THEORY:

These are the following merits of The Natural Law Theory;

1. Based upon morality;
2. Revolutions and freedom struggles have been based upon natural law precepts;

• Important legal principles are based upon natural law concepts;

1. Basis for fundamental rights;
2. Check on bad regimes;
3. Justification to resist bad laws;

• Limits the power of the legislature;
• Natural laws serve as a guideline for positive laws;

Criticism of the Natural Law Theory

However, Natural Theory of Law has its own undeniable criticism, and some of these are heighted 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.

 

DISTINCTION BETWEEN NATURAL LAW AND OTHER LAWS:

The natural law, by its very nature and contents differs from other laws.

• The natural law by its very nature and content differs from positive law in a sharp distinction between ‘is’ and ‘ought to be’ and refuses to accept morality or ‘justness’ as an essential element of law.
• Natural law also differs from other form of law such as the canon law, common law, constitutional law, international law etc., in the following aspect:-
• Natural law is eternal and unalterable but the other forms of laws are subject to periodical changes and alterations.
• Natural law is not made by man, it is only discovered by him, whereas other laws are created, evolved, modified and altered by man.
• Natural law is not enforced by any external agency but every other form of law is enforced by State, sovereign or ruler and there is always a coercive force behind it.
• Natural law is not promulgated by legislation, it is an on come of preaching of philosophers, prophets, saints etc., and thus it is a higher form of law to which all forms of man-made laws should pay due obedience.
• Unlike other forms of laws, natural law has no formal written code. Also there is neither precise penalty for its violation nor any specific reward for abiding by its rules.
• Natural law has an eternal lasting value which is immutable and it has been generally accepted that any man-made law which runs contrary to natural law may succeed for the time-being, but it is likely to fail sooner or later.

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-defence, 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.