Definition of Natural Law (by Jurists)

A law established by nature that is founded on moral judgments that come from an
unchanging source. Taking the Bible as an example. In light of this, it is claimed that these
conclusions are unchangeable and eternally legitimate because they are in line with nature
and reason. Man ought to act in line with the laws of nature, and this is a requirement for a
man's life in society. The viewpoints of many jurists reflect the diversity of meanings
associated with the phrase "natural law." Initially, ancient jurists believed that natural law
was based on nature and was therefore a law that was in harmony with nature. The challenge
is defining what "nature" really means.

John Mill provided two distinct meanings of ‘nature’. Firstly, he states that what man
observes in the universe can be called nature, as law is merely what man observes as man has
no power to do anything else but to follow nature. Secondly, he stated that man ought to
behave to conform with what he observes in nature, as man must act to change nature rather
than to imitate or follow it. A man’s moral development results from his self-efforts at
controlling his natural instincts. Natural law is founded on moral judgments that have an
absolute source. These conclusions are in line with reason and nature. These unchanging and
eternally true value judgments are manifested in the entire nature of the universe. The only
way to perceive and comprehend the natural law is by appropriate human reasoning. Positive
law is only regarded as law when it is in accordance with natural law, which supersedes all
other positive law. Hence, for a man to function in society, law is a vital necessity.

The natural law doctrine has undergone numerous changes over time and is now present in
numerous legal systems. It has been crucial in how laws have been interpreted. In the case of
Corbett v Corbett, the wife, who was a male when she was born, had a sex operation and later
wed the petitioner, who was aware of the procedure. The petitioner sought to dissolve the
union. The marriage between a male and a person who had a sex change was declared null
and void by the court because it could not have involved the normal, biologically
predetermined implications of marriage. The judge in this instance based his decision on the
biological component of marriage, which was its foundation. Since it was absent in this case,
the judge had no trouble nullifying the marriage.

The universal order ruling all men and the unalienable rights of the person are the most
significant and enduring theories of natural law, yet it has at various times been employed to
support practically every ideology. It served as the foundation for modern constitutions and
served as an inspiration to the Stoics, Romans, and Grotius in their conception of
international law. It also served as an inspiration to Locke, Paine, and Rousseau.

Greek Period

Natural law ideas were first put forth by the Greeks. Greek philosophers conceptualised
natural law and established its fundamental elements. At the period, Greece experienced
severe political unrest. Greek thinking had two main currents of thought. First, many people
believed that obeying the law was only justified by the subject's self-interest because the
legislation was only intended to serve the interests of the lawmaker or powerful. However,
secondly, that same circumstance compelled some other jurists to consider it in a different
light. They saw it as a chance to create new, universal rules that will deal with and restrain
the tyrannical and arbitrary nature of government, and which might offer it stability.

PLATO (427-347 B.C): In a well-organized universe, humans exist. The forms, most
fundamentally the Form of the Good, which he refers to as "the brightest region of Being,"
constitute the foundation of this orderly cosmos or nature. All things originate from the Form
of the Good, and when it is perceived, it inspires intelligent behaviour. He defined the ideal
community as "a city which would be formed in harmony with nature" in his most famous
work, the Republic, which explores the feasibility of an entirely rational political system.

SOCRATES (470-399 B.C): One must utilise reason and apply understanding to the nature
of behaviour if one is to make law the embodiment of sound thinking. Man has insight, and
this understanding makes everything both good and terrible clear to him. He begged for the
moral standards to remain the same as natural law needs adherence to positive law and
authority because it is intimately related to justice and ethics. Positive law must always be
followed at any given circumstance.

ARISTOTLE (385-322 B.C): It holds that as natural law is composed of components of

justice, ethics, and reason, man-made law must adhere to these universal and unchanging
principles. He asserts that man is a part of nature in two ways: first, he is a creature of the
god, and second, he has insight and reason, which enable him to exercise free will. He
clarified the distinction between natural justice and legal justice is that natural justice is
universal and immutable in its principles; whilst legal justice, also known as positive justice
or customary justice, is only obligatory when it takes the form of a decree issued by a
political power. He highlighted that achieving a State of goodness should be man's ultimate
goal. A just legislation is one that enables people to reach their potential within the confines
of society.

STOICISM (300 B.C-200 A.D): The Stoic School is represented in Zeno's writings, where
he emphasised the adage "live in accordance with nature." Natural law was the law of reason,
and man was considered to be in line with natural law as long as he lived in accordance with
his reason. According to Zeno, a "rational mind" controlled everything in the universe as a
man's capacity for reasoning is what enabled him to distinguish between right and wrong.
The law was the outcome of one's conception of what was morally and right.

Roman Period

Aristotle's idea served as inspiration for the Stoics, who built their theory of natural law on it
while making significant modifications to make it more moral. He believes that reason
underlies all of reality. Since man's reason is a component of this world as well, when he
lives in accordance with reason, he is acting naturally or in accordance with nature.
According to the Stoic law of nature is binding for all, and positive law must follow the
natural law, one of man's obligations is to obey it. During the republican era, stoic philosophy
had a significant impact on jurists, who started to pay more attention to natural law. Romans
were able to live more cosmopolitan lives because to natural law. Natural law contributed to
the formation of Roman law in that it was occasionally used by the Courts of Rome to resolve
disputes between foreigners.

Three categories of law were recognised by the ancient Roman jurists were "jus civile," "jus
gentium," and "jus naturale." Roman civil law, or "jus civile," was exclusively applicable to
Roman citizens, but Roman magistrates also applied foreign-law principles to foreign citizens
in accordance with the "natural law" premise. The body of law that emerged in this manner
was also known as "jus gentium," and it was incorporated into Roman law. It embodied well-
intentioned, universal legal ideas and followed "natural law" as a result. Later, when all
Roman citizens except a select few were granted citizenship, "jus civile" and "jus gentium"
merged into one. Due to the fact that slaves were still denied the advantages of the new
legislation, the idea of natural law did not change even at that point. Roman attorneys were
not concerned about the clash between "positive law" and "natural law." Although some
jurists believed "natural law" to be "superior to positive law" and proposed that affirmative
law might be discarded in cases where the two were in conflict, the majority of jurists did not
address this issue.

CICERO: He claimed that the law is the ultimate reason, imbedded in nature, that
commands what is right and forbids what is wrong. When firmly established and fully
matured in the human mind, this reason becomes law. True law is correct reason in harmony
with nature; it has an eternal, universal scope; it calls people to duty via commands; and it
forbids wrongdoing through prohibitions. To attempt to change this law is sinful.
Additionally, it is not permitted to try to rescind it in whole or in part, and it cannot be
completely revoked.

ST. AUGUSTINE: The ideal form of rule was the law of nature, and man was free and just
during this "golden age." But once human rules, institutions of property, and governments
came into being, this could no longer be the case. They were thought to be sinful. It became
important to defend the Church and uphold the legitimacy of human-made laws because the
State's principal priority was to keep peace between humans. The Church thus exercised
complete power over the State and in the event that human law conflicted with natural law, it
was to be disregarded. Unjust human law could not, however, be considered "law."

Middle Ages

A new conception of "natural law" was developed during this period by Catholic
philosophers and logicians in the Middle Ages. Although they too provided the justification
for it. They strayed from the early church fathers' orthodoxy. Their opinions are more
reasonable and organised.

ST. THOMAS AQUINAS: He asserted natural law as the rational creature's participation in
the eternal law in his Summa Theologica, restoring it to its independent status. "An ordinance
of reason for the common welfare made by him who has the care of the community and
promulgated," was how Thomas Aquinas defined law. In some ways, the nature of the
universe and the nature of people, imply or infer standards of morality. He claims that moral
law is defined by human beings' capacity for reason: As it is stated, "The rule and measure of
human acts is the reason, which is the first principle of human acts." Law is something that
has to do with logic, and since humans are rational creatures by nature, it is morally
permissible for them to act in a way that is consistent with their rational nature. Man can
judge what is good by considering his own instincts and nature. Human nature also known as
"natural law” is the source of moral law. Four distinct but related types of law are identified
by Aquinas:

 Eternal Law (Lex aeterna): The term "Eternal Law" (Lex aeterna) refers to
the collection of all scientific "laws" (physical, chemical, biological,
psychological, etc.) that control the structure of the cosmos. Scripture reveals
eternal law as God's rational control over creation, or "divine reason." Since it
is God's design for the universe, only God and the blessed who perceive God
in his essence are aware of eternal law. The rule should apply to all living
creatures, but since man has free will, he can choose to disregard it. Since man
was created with a certain purpose (ultimate happiness), which he cannot
attain on his own but requires leadership and direction, everlasting law is
necessary.
 Natural Law (Lex naturalis): Natural law is man's contribution to divine
reason since it consists of those eternal law norms that specify how animals
with reason and free choice should behave. The fundamental tenet of natural
law is the largely meaningless directive to pursue goodness and shun evil.
According to Aquinas' natural law theory of morality, what is good and evil is
determined by a person's capacity for reason. Good is anything that is
"intelligibly worthy" and under human control, while evil is described as "any
privation of intelligible goods." Due to the nature that he shares with all other
substances, every man has the ability to be good. A man is endowed at birth
with the capacity to comprehend the reality of God and to interact with others.
 Divine Law (Lex divina): The conditions that must be met in order for a
person to be granted eternal salvation. The fundamentals of divine law can
only be known through divine revelation; natural reason alone is insufficient
to comprehend them. The rules that God provided for humanity in the Bible
and other sacred writings. It departs from natural law but does not go against
it. It provides instructions on how a man should conduct himself.
 Human Law (Lex humana): Humanly enacted legislation is only valid to the
extent that it is consistent with the principles of natural law. Reasoned laws
enacted by humans lead to two reasons why human law is essential. Natural
law does not offer all, or even the majority of, the answers to societal
 problems and compulsion is necessary to make selfish people behave
rationally.

Man-made laws can be just or unjust; just laws must be morally righteous, necessary,
workable, transparent, and for the general benefit in order to bind people's moral consciences.
Laws that are unjust are perversions of the rule of law that do not bind people's moral
consciences unless compliance is required to stay out of trouble or controversy. Since it is not
law, unjust law should not be followed. When laws conflict with what is in persons' best
interests, either in terms of their intent or how they are written, they are unfair. If a law
burdens the community unfairly or runs afoul of the divine law, it is unjust. The philosophy
of Thomas Aquinas contains the following characteristics. Natural law provides guidelines
rather than laws, also his philosophy takes an empirical approach to natural law and eternal
law. Besides, reason serves as the cornerstone of all human institutions. The State is viewed
as a natural institution, and the Church gains authority over the Bible and divine law.