NATURAL LAW

PRESENTED BY

Y.ROBERT.IAS
SYNOPSIS:

 INTRODUCTION

WHAT IS NATURAL LAW

CHARACTERISTICS OF
NATURAL LAW

NATURAL LAW IN MODERN ERA

NATURAL LAW BEGINNING WITH GREEKS
Greek philosopher Aristotle’s view

ROMAN PERIOD

CHRISTIAN PERIOD
MEDIEVAL PERIOD

NATURAL LAW- INDIAN CONTEXT

CONCLUSION
 WHAT IS NATURAL
LAW
• The term natural law is derived from the Roman term jus naturale
which means a system of law based on fundamental ideas of right
and wrong. Adherents to natural law philosophy are known as
naturalists.
• It is the unwritten body of universal moral principles that underlie
the ethical and legal norms by which human conduct is sometimes
evaluated and governed. Natural law is often contrasted with
positive law, which consists of the written rules and regulations
enacted by government.
• In legal theory and in ancient Hindu, Greek and Roman Law
natural law has a primitive place.
• Indeed Natural law theory has a history where no other
space of legal and political theory is so bejeweled with
stars as that of natural law, which scintillates with
contribution from all ages.

• Natural law as considered by its supporters is that law,

which is inherent in the nature of man or society, and is
independent of convention, legislation or other
institutional devices.
• The phrase natural law however has a flexible meaning.
 NATURAL LAW
• Law of Nature is Universal in nature whereas Natural law is
not always universal.
• Though law of nature and natural law more or less are same
concept but its meaning and nature has been varying,
confusing and self-contradictory.
• In the natural sense Law of Nature has been understood as
synonym to physical universe, it has been used in the sense of
natural reason, a law which conforms to the natural order of
the universe.
• But in pure sense natural law has been correspondingly used
with force or physical power to moral, ideal or law with
varying content or social justice.
• But nature of law means different from the above two.
 CHARACTERISTICS OF NATURAL LAW
• Natural law is a priori method as opposed to an empirical
method. A priori method accepts things or conclusions in
relation to a subject as they are without any enquiry or
observation.
• Whereas an empirical or a posteriori approach tries to find
out the causes and reasons in relation to subject matter.
• It symbolizes physical law of nature based on moral ideals,
which has universal applicability at all places and times.
• It has often been used either to defend a change or to
maintain status quo according to the needs and requirements
of the time.
• Natural law is universal, that is to say, it applies to the
 entire human race, and is in itself the same for all.
• Natural law is immutable in itself and also extrinsically. It
follows that, assuming the continued existence of human
nature, it cannot cease to exist.
• Natural law commands and forbids in the same tenor
everywhere and always.

NATURAL LAW IN MODERN ERA

• The concept of the Rule of law in England, the
due process of law in the United States and the
procedure established by law in India embody
juristic traditions of natural law philosophy
wherein the sovereign body must act under law
in the admiration of justice. This is in essence
a natural law thinking by which the positive
law is subjected to the inhibition of a moral
order.
NATURAL LAW BEGINNING WITH
GREEKS
• The idea began with the ancient Greeks' conception of a
universe governed in every particular by an eternal,
absolute law and in their distinction between what is
just by nature and just by convention.
• Natural law is that set of principles of human conduct
which has some kind of immutability- a principle based
on reason, or ‘divine of God’ or on a supposed social
contract.
• It were Greek who gave a conception of universal law
for all man kind under which all men are equal and
which is binding on all the people.
Greek philosopher Aristotle’s view
• Greek philosophy emphasized the distinction
between "nature" on the one hand and "law",
"custom", or "convention" on the other.
• What the law commanded varied from place to
place, but what was "by nature" should be the
same everywhere. A "law of nature" would
therefore have had the flavor more of a paradox
than something that obviously existed.
• According to him law is either universal or
special.
• Special law consists of written enactments by which men
are governed. The universal law consists of those
unwritten rules which are recognized among all
men…Universal law is that which conforms to Nature
alone.
• The Stoic natural law was indifferent to the divine or
natural source of the law: the Stoics asserted the existence
of a rational and purposeful order to the universe (a divine
or eternal law), and the means by which a rational being
lived in accordance with this order was the natural law,
which spelled out action that accorded with virtue.
• He popularized the maxim ‘Live according to nature’
 ROMAN PERIOD
• Romans were far greater legal scientists than their
counterpart, the Greeks. The Romans accepted
Greek conception of natural law and used it as an
instrument of legal development and legal reform.

• According to prof. Salmond, jus gentium means

the law of nations was a purely Roman idea
attained by Roman lawyers long before and
knowledge of jus naturale has come to them from
greek philosophy .
 CHRISTIAN PERIOD
• In this period st. Augustine divorced natural
law from physical universe and made it a part
of spiritual unity founded upon grace and
encompassing earth and sky.
• Natural law therefore, was considered as
temporal law which is made by men and
governs human being and states and lex eterna
which proceeds from divine mind.
 MEDIEVAL PERIOD
• In this era the churches are regarded as the
supreme authority and there is a universal desire
to maintain peace and harmony after a long spell
of chaos and confusion due to religious wars.
• So to preserve stability and expound supremacy
of Roman Church both as highest temporal and
religious power the theory of natural law comes in
defense of prevailing social system.
• At this time pope acquires complete control over
all beings- whether political or spiritual spheres.
 MODERN PERIOD
• In the fifteenth century when the authority of
church is diminishing new concepts of natural law
started to being.
• Hugo Grotius and Hobbes initiated a new legal
theory which disregarded divine will as irrelevant
on the in the philosophy of law.
• But in nineteenth century David Hume
demolished the law of nature and said law is
human conventions. His philosophy have an huge
impact on Jeremy Bentham.
• The development of the doctrine of sovernity and
Monstesquieu’s Esprit of law have an great impact
on French Revolution and dramatic achievement
in physical sciences by Darwin’s evolutionary
hypothesis changed the old concept.
• It was Auguste Comte who stated that by analysis,
interpretations and observations we can achieve
the social justice.
• In twentieth century after world war we have seen
many changes in the natural law and now we will
emphasize on positive law as well as judicial
interventions.
 NATURAL LAW- INDIAN
CONTEXT
• The most important concepts that India
borrowed from English law are:
1. No one shall be a judge in his own cause
(Nemo debet esee judex in propria sua causa)
2. Justice should not only be done but seems to
be done
3. No one should be condemned unheard (Audi
Alteram Partem)
• In our constitution Part III and Part IV deals with some of the
natural laws of fundamental rights and duties and directive
principles of state policy.
• Then Article 226, 227, 32 and 136 gives the rights to upheld
these rights.
• The essence of natural law has been expounded by the
Supreme Court in Kesavanada Bharti which overruled Golak
Nath. In Golak Nath the court had held the view that
fundamental rights and constitution are unamendable and
cannot be struck down by parliament. But In Kesavananda
Bharti the supreme Court held the parliament can amend the
provisions but cannot change the basic structure of the
Constitution.
• so far as procession natural law as a part of
Indian legal system is concerned, the courts in
India consider it as key to paradise of Human
liberty, freedom and justice in the cases of
Maneka Gandhi v. Union of India, Hussainara
Khatoon v. State of Bihar, People’s Union for
Democratic Rights v. Union of India etc.
CONCLUSION:

……………IS YOUR POINT OF YOU

SWATHI………..