Origin and development of Natural law

Natural Law Theory proposes that as physical laws of nature exist, so does universal moral laws.
Aspects of natural law theory dates back to Plato who not have a theory on natural law although
some of his theories involved concepts of natural law. He posited the existence of transcendental
“Forms”. Particular instances of these forms – such as the Good, the True, and the Beautiful –
are reflected in human life. To “see” the form of the Good and incarnate it in one’s deeds is both
a cause and consequence of wisdom. While Plato alluded to what we today refer to as “natural
law,” the Stoics developed the theory more fully.
The Stoics claim the order of the universe is fundamentally rational. Human rationality,
therefore, is a person’s innate moral compass. To reason and act rationally is to be in harmony
with the universe. Violence and vice are consequences of irrationality and not being in harmony
with universal laws.

Evolution, Growth and Decline of Natural Law

The content of ‘Natural Law’ differs from time to time based on the purpose for which it has
been used and the function it is needed for based on the needs of the time and circumstances.
Therefore, the evolution and development of ‘Natural Law’ has been through various stages
which may broadly be studied under the following heads:

(1) Ancient Period

(2) Medieval Period
(3) Renaissance Period
(4) Modern period

Ancient Period
Heraclitus (530 – 470 B.C.)
The concept of Natural Law was developed by Greek philosophers around 4th century B.C.
Heraclitus was the first Greek philosopher who characterised the Law of Nature into 3.
(i)destiny, (ii) order and (iii) reason. He stated that ‘reason’ is one of the essential element of
Natural Law.

Socrates (470 – 399 B.C.)

Socrates said that like Natural Physical Law there is a Natural or Moral Law. ‘He stated that
human has an Insight’ that enables him to distinguish between good and bad and to also
appreciate moral values.
This human ‘insight’ is the basis to judge the law.

Aristotle (384 – 322 B.C.)

He stated that man is a part of nature in two ways; (1)he is the part of the creatures of the God,
and (2) he possesses insight and reason by which he can shape his will. By his reason man can
discover the eternal principle of justice. The man’s reason being the part of the nature, the law
discovered by reason is called ‘natural justice’. Aristotle suggested that the ideals of Natural
Law have emanated from the human conscience and not from human mind and, therefore, they
are far more valuable than the Positive Law which is an outcome of the human mind.
Modern Period
19th Century Hostility towards Natural Law
The Natural Law theory received a setback in the wake of 19th century pragmatism. The
profounder of analytical positivism, notably, Bentham and Austin rejected Natural Law on the
ground that it was ambiguous and misleading. The doctrines propagated by Austin and Bentham
completely divorced morality from law. In the 19th century, the popularity of Natural Law
theories suffered a decline. The ‘Natural Law’ theories reflected, more or less, the great social
economic and political changes which had taken place in Europe. ‘Reason’ or rationalism was
the spirit of the 18th century thought. A reaction against this abstract thought was overdue. The
problems created by the new changes and individualism gave way to a collectivist outlook.
Modern skepticism preached that there are no absolute and unchangeable principles. Priori
methods of the natural law philosophers were unacceptable in the emerging age of science. The
historical researches concluded that social contract was a myth. All these developments shattered
the very foundation of the Natural Law theory in 19th Century. The historical and analytical
approaches to the study of law were more realistic and attracted jurists. They heralded a new era
in the field of legal thought. In this changed climate of thought it became difficult for the
‘Natural Law’ theories to survive. Therefore, though solitary voices asserting the superiority of
‘Natural Law’ are still heard, the 19th century was, in general, hostile to the ‘Natural Law’
theories.

20th Century Revival of Natural Law

Towards the end of the 19th century, a revival of the ‘Natural Law’ theories took place. It was
due to many reasons: First, a 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 aspirations of the people because of their refusal to accept morality and ‘reason’ as
element of law; Second, it was realized that abstract thinking or a priori assumptions were not
completely futile; Third, the impact of materialism on the society and the changed socio-political
conditions compelled the 20th century legal thinkers to look for some value-oriented ideology
which could prevent general moral degradation of the people. The World War 1 further shattered
the western society and there was a search for a value-conscious legal system. All these factors
cumulatively led to revival of Natural Law theory in its modified form different from the earlier
one. The main exponents of the new revived Natural Law were Rudolf Stammler, Prof. Rawls,
Kohler and others.
The ‘Natural Law’ principles have been embodied in legal rules in various legal systems and
have become their golden principles.