B.A.LL.B. (HONS) : Subject: Jurisprudence

INDORE INSTITUTE OF LAW
(Affiliated to D.A.V.V. & BCI)
B.A.LL.B. (HONS)
SUBJECT:
JURISPRUDENCE
Asst. Prof. Miss Anushimi
Jain
SUBMITTED BY:
SWATI VERMA
Topic :-
A CRITICISM ON
NATURAL LAW
THEORY
What is natural law theory?
 Natural law theory 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'.
Background
 Although the idea of natural moral law has existed in most moral systems for a while, in
Western philosophy, our modern ideas about this theory can really be traced back to one
main person. Thomas Aquinas was a 13th-century Italian Dominican friar and an extremely
influential intellectual. In fact, Aquinas is regarded as one of the most influential scholars in
Western history. So, he's a big deal.
 Back in the 13th century, Aquinas was tackling questions about human morality in an
attempt to reconcile ancient Greek philosophy with Christian theology. He published the
results in a series of works, the best known probably being his Summa Theologica. In this
text, Aquinas famously outlines a philosophical argument proving the existence of God and
then states that there are certain natural moral laws given to humanity by God. This
argument, based in Christian theology, as well as Greek logic and philosophy, was the real
basis for the natural law as philosophers understand it today.
Conceptual Naturalism
 A study that defines natural law.

 Analysis concept of law and legal system
 Establishment of law morality resulted
 Legal positivist deny any relation
Classical natural law theory
 Positive law conflict with natural law

 Law incorporates moral principle and natural
law
 Human being creates law.
 Discretion in creating law which is limited by
moral norms.
Thomas Aquinas
 Born in 1225, Italy
 Has 8 siblings and was youngest child
 Sent to Abbey of Monte Cassine to study
 Described as ‘a witty child’ who had received a
good soul
 Developed natural law theory from Aristotle in
13th century.
Primary precepts
 The order to use natural law correctly identify what is
known as primary precepts.
 Primary precepts of 5 purposes of human life.
1. Reproduction
2. Life to live the supreme good
3. Education makes people independent
4. Worshipping god
5. Law and order

Principle of double doubt
 2 criteria need to be met to make it
permissible action :-
1. Action itself must be good
2. Evil must not be intended
CASUISTRY
Assumption
 Everything in nature has a purpose
 Nature is created by god
 Failure to develop this nature to be fullest and

imperfection
 Nature and moral laws are knowable through reason
 Natural law is part of some divine plan

Theorist on natural law theory
 Aristotle : law is universal or special
 Stotcs : natural law with reason governs entire universe

and man is also governed by reason
 Cicero : true law is right reason in agreement with reason
 Grotius : : natural law based on right reason, i.e., self

supporting reason
 Hobbes : natural law is based on natural right of self

preservation of person and property.
CRITIQUES OF NATURAL
LAW
1.Non sense on stilts
2.Varying moral principles
3.Difference between legal
and moral
4.Unjust laws has to obeyed
CONCLUSION
 From the above points and facts it can be
concluded that the natural law theory is a very
wide concept of morality. Also that there were
so many theorists who gave their own views
and definitions on natural law theory which was
criticized by the other theorists. The criticisms
can be analyzed to come at some specific
definition of natural law.
THANK YOU

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INDORE INSTITUTE OF LAW

(Affiliated to D.A.V.V. & BCI)

 A study that defines natural law.

 Positive law conflict with natural law

2. Life to live the supreme good

3. Education makes people independent

5. Law and order

 Nature is created by god

 Failure to develop this nature to be fullest and

 Nature and moral laws are knowable through reason

 Natural law is part of some divine plan

 Stotcs : natural law with reason governs entire universe

 Cicero : true law is right reason in agreement with reason

 Grotius : : natural law based on right reason, i.e., self

 Hobbes : natural law is based on natural right of self

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