Natural Law Theory

INSTRUCTOR: MALIK KALEEM AWAN
L.L.B, UNIVERSITY TOPPER
OVER ALL 2ND POSITION, 2020
ASPIRANT OF CSS
NATURAL LAW THEORY

A theory in ethics and philosophy which posits that human beings
possess intrinsic values that govern their reasoning and behavior.
“Natural law maintains that these rules of right and wrong are inherent in
people and are not created by society or court judges.”
Natural law is constant throughout time and across the globe because it
is based on human nature, not on culture or custom
This is opposed to theories that laws are socially constructed and
created by people.
LORD LLOYED in his book, „INTRODUCTION OF JURISPRUDENCE’,
maintains that: “natural law has often been pictured as an ideal system
laid up in heaven of which positive law can be but ann imperfect
simulation”
CONCEPT OF NATURAL LAW

Natural law holds that there are universal moral standards that are
inherent in humankind throughout all time, and these standards should
form the basis of a just society.
Human beings are not taught natural law per se, but rather we “discover”
it by consistently making choices for good instead of evil. Some schools
of thought believe that natural law is passed to humans via a divine
presence.
Definition by SALMOND;
“By natural or moral law is meant the principles of natural right and wrong
__the principles of natural justice if we use the term justice in its wildest sense
to include all forms of rightful action.”
HISTORICAL ROOTS OF NATURAL LAW
THEORY
PROF. R.W.M DIAS
“Natural law theory has a history reaching back centuries B.C and the vigor
with which it flourishes is a tribute to its validity.
1- Greek
Heraclitus, Socrates, Plato and Aristotle gave their notions on this theory.
If there is anything which is universally valid, it is that which is valid by nature
for all men without distinction of people and time.
PLATO:
”God gave to all to men in equal measure a sense of justice and of ethical
reverence so that in the struggle of life they may be able to form permanent
unions for mutual preservation.”
ARISTOTLE:
 “He argued that what is “just by nature” is not always the same as
what is “just by law.” Aristotle believed that there is a natural justice
that is valid everywhere with the same force; that this natural justice
is positive, and does not exist by "people thinking this or that."
Man as a part of universal nature, is governed by reason. When he lives
according to reason, he lives naturally. Thus, law of nature becomes
identified with moral duty.
2- ROME
Roman used natural law to transform their narrow and rigid system into
a cosmopolitan one. Natural law exercised a very constructive on
Roman law.
CICERO:” 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.
Since law is a natural force, it is mind and reason of the intelligent man,
the standard by which justice and in justice are measured.
3-THE MIDDLE AGES
For St. Thomas Aquinas (1224/25–1274 CE),
Natural law and religion rational plan by which all creation is ordered,
and natural law is the way were inextricably connected. He believed that
natural law "participates" in the divine "eternal" law. Aquinas thought
eternal law to be that that human beings participate in the eternal law.
He further posited that the fundamental principle of natural law is that we
should do good and avoid evil.
HUGO GROTIUS(1583-1645)
Natural law is based on the nature of man and his inward need of living
in society.
He said:” Human nature as the grandmother, natural law the parent and
positive law the child.”
Human nature impels us to desire a society. From this nature of human
intellect which desire a peaceful society, are deduced the principles of
natural law which are quite independent of divine command.
Natural law is immutable and cannot be changed by god himself.
4-SOCIAL CONTRACT THEORY
HOBBES, LOCKE AND ROUSSEAU
y SALMOND; “By natural or moral law is meant the principles of natural right
and wrong __the principles of natural justice if we use the term justice in its wildest sense
to include all forms of rightful action.”
Definition By SALMOND; “By natural or moral law is meant the principles of natural right and wrong __the principles of natural
justice if we use the term justice in its wildest sense to include all forms of rightful action.” It is also called divine law, or law of
reason or command of god, imposed on men. It’s established by reason by which world is governed

Natural Law Theory

Uploaded by

Copyright:

Available Formats

Natural Law Theory

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Natural Law Theory

Uploaded by

Copyright:

Available Formats

INSTRUCTOR: MALIK KALEEM AWAN

L.L.B, UNIVERSITY TOPPER

OVER ALL 2ND POSITION, 2020

NATURAL LAW THEORY

CONCEPT OF NATURAL LAW

You might also like