RESEARCH PROJECT

On

Natural School of Jurisprudence

Submitted to

MAHARASHTRA NATIONAL LAW UNIVERSITY,AURANGABAD

Submitted by
Ruturaj Vilas Asane

B.A.LL.B. (Hons.) Semester II

Roll No. 2023/BALLB/15
Paper 2.6: Jurisprudence and Legal Theory

Under the guidance of

Dr. Ashok P. Wadje
Associate Professor of Law and Associate Dean
Maharashtra National Law University, Aurangabad
and
Ms. Amruta Arjun Chavan
Faculty of Law
January – April 2024
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 INDEX

SR Name Of Chapter Page

NO. No.

1.
INTRODUCTION 1

2.
WHAT IS JURISPRUDENCE? 5

3.
NATURAL SCHOOL OF JURISPRUDENCE 8

4.
CRITISISM OF NATURAL LAW SCHOOL 20

5.
CONTEMPORARY RELEVANCE OF NATURAL LAW 22
THEORY

6.
CONCLUSION 24

2|Page
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ABSTRACT

This research project delves into an exploration of the Natural School of Jurisprudence a theory,
in the field of legal philosophy. It starts with an introduction that lays the groundwork for the
discussion offering an overview of jurisprudence. This initial part aims to explain the nature of
theories and their significant impact on law and society establishing a strong basis for further
analysis. The main focus of the project is on the Natural School of Jurisprudence. This segment
breaks down its core principles, historical development and key advocates providing an
examination of the foundations of this school. It investigates the origins of law its evolution over
time and how it has been interpreted by legal scholars. The goal is to offer an insight into the
doctrines of the Natural School and their implications for theory and application. The study also
explores the relevance of Natural Law Theory. It emphasizes its lasting influence on systems and
societal standards highlighting how its principles continue to hold significance in today world.
This part looks at how natural law is applied in legal contexts showcasing its importance, in
shaping present day jurisprudence. The study wraps up with an analysis of the Natural School
taking a look, at both its strengths and weaknesses. This section explores the arguments
surrounding the Natural School presenting opposing viewpoints and criticisms. It aims to offer
an evaluation highlighting both the drawbacks and merits of the Natural School while
acknowledging its impact on philosophy. In essence this research seeks to provide an
understanding of the Natural School of Jurisprudence and its significant influence on theory and
application. It aims to contribute to the conversation in philosophy by presenting new
perspectives on the Natural School of Jurisprudence. Through its in depth examination the study
hopes to cultivate a respect, for the complexity and diversity of thinking.

Keywords: NATURAL SCHOOL OF JURISPRUDENCE, CONTEMPORARY RELEVANCE ,

JURISPRUDENCE.
A. INTRODUCTION
The study of jurisprudence which delves into the essence and purpose of law has captivated minds
for centuries. It grapples with inquiries such, as the nature of law its origins, its societal roles and
its impact on communities. Within the realm of jurisprudence the Natural School stands out as a
perspective. The Natural School, also referred to as Natural Law Theory asserts that there is a
connection between law and ethical principles suggesting that the legitimacy of laws is derived
from their alignment with a moral or divine order. Originating from philosophy with scholars like
Aristotle and further refined by Roman legal experts and Christian theologians this school of
thought continues to evolve through the interpretations of modern academics who contribute their
diverse viewpoints to this enduring doctrine. This study endeavours to explore the core tenets,
historical development and contemporary relevance of the Natural School within jurisprudence.
Additionally it aims to assess criticisms directed at this theory in order to present an balanced
understanding of its impact, on legal thought. Embarking on a journey, through the Natural School
of Jurisprudence holds the promise of enlightenment providing a dive into the foundations of law
and how it influences societal norms and values. As we delve into this study we will discover the
lasting influence of this school on theory and application highlighting its relevance, in today’s
legal environment. Join us on this voyage as we unravel the complexities of the Natural School of
Jurisprudence.

A.1.SIGNIFICANCE OF THE STUDY

The research, on "Law as an Instrument for Social Change" is incredibly important because it sheds
light on how legal frameworks, court rulings and the context of society shape our world. By
examining the impact of law on issues such as rights, gender equality and environmental protection
it provides information for policymakers and activists to develop more effective strategies for
positive change. Additionally it empowers individuals and communities by helping them better
understand how they can engage with the system to promote justice and fairness. In our
interconnected society this study offers invaluable insights, for creating a more just and inclusive
world.

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A.2.OBJECTIVES OF THE STUDY
The exploration of the Natural School of Jurisprudence is highly important, in philosophy. It
offers a dive into the ethical foundations of law shedding light on the principles that guide legal
systems. By delving into both its development and modern relevance this study contributes to the
discussion on jurisprudence enhancing our comprehension of laws societal role. Additionally
through an analysis of the strengths and weaknesses of this school of thought it promotes a
rounded perspective that encourages meaningful contemplation and discussion, on the
advantages and drawbacks of this influential theory. This research not expands literature on
jurisprudence but also has real world implications by influencing legal thinking and practices in
today’s intricate legal environment.

A.3.CONTEMPORARY LEGAL RELEVANCE

The relevance of the Natural School of Jurisprudence, in systems is significant. Its core principles
underpin human rights law by asserting the existence of universal rights. These principles also
have an impact on law in the realm of judicial review. Within ethics the Natural School influences
the pursuit of justice and fairness beyond compliance with the law. The schools focus on harmony
with nature has inspired principles in law that aim to safeguard the environment and promote
development. Lastly in law natural law theory helps in understanding concepts such as retribution
and rehabilitation. Therefore the Natural School continues to shape thinking and practice by
providing a moral and ethical framework, for interpreting and applying laws.

A.4.RESEARCH QUESTIONS

1. How has the Natural School of Jurisprudence shaped the understanding and interpretation of
jurisprudence in contemporary legal systems?
2. What are the main criticisms of the Natural School of Jurisprudence, and how do these criticisms
impact its application in modern law?

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A.5.STATEMENT OF PROBLEM
While the Natural School of Jurisprudence has made substantial contributions to legal philosophy
and continues to exert a lasting influence, it often faces criticism for its perceived lack of alignment
with the practicalities of modern legal systems. Critics suggest that its principles, which are deeply
rooted in morality and justice, may not fully encapsulate the intricacies and subtleties of
contemporary law. Moreover, there is a noticeable absence of exhaustive research investigating
the modern-day relevance of the Natural School across diverse areas of law, including human
rights, constitutional law, legal ethics, environmental law, and criminal law. This void in the
literature obstructs a comprehensive understanding of the Natural School’s influence and
applicability in the current legal environment. This research endeavour seeks to rectify this issue
by conducting a thorough examination of the Natural School of Jurisprudence and its impact on
contemporary legal thought and practice. Through this investigation, we aim to reconcile theory
and practice, thereby enriching the discourse on the Natural School of Jurisprudence with more
nuanced and balanced perspectives.

A.6.HYPOTHESIS
The ideas of the Natural School of Jurisprudence despite facing criticism still have an impact, on
day legal systems in various areas like human rights, constitutional law, legal ethics,
environmental law and criminal law. This influence is evident in how laws are interpreted and
applied shaping the way legal concepts are understood and practiced in today’s legal environment.
However there is currently a lack of understanding of this influence in existing literature
highlighting the necessity for research. This study proposes that delving deeply into the Natural
School of Jurisprudence will unveil its lasting influence on systems and enhance discussions on
its relevance, in contemporary jurisprudence.

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A.7.RESEARCH METHODOLOGY
The research methodology used in this study titled " Natural School Of Jurisprudence"
incorporates a combination of quantitative methods. In terms of analysis we will examine
documents conduct in depth interviews with relevant individuals and analyse media discourse. For
the aspect we will administer surveys to professionals. By combining analysis with contemporary
case studies we aim to understand how the role of law has evolved in facilitating change. Utilizing
data triangulation will strengthen the validity of our research findings. This comprehensive
approach allows us to thoroughly explore the matter and gain insights into both the effectiveness
and limitations of mechanisms, in driving societal transformation in modern times.

A.8.SCOPE AND LIMITATIONS OF THE STUDY

SCOPE:
This research delves into the examination of how law contributes to bringing about change. It
covers a range of areas, both historical and contemporary while addressing various societal
concerns. The findings offer guidance for policymakers, legal experts, activists and communities,
on utilizing law as a tool for positive social transformation. By integrating sociological and
political perspectives in a manner it provides a comprehensive understanding that encompasses
pressing issues such as social justice, environmental preservation and digital rights. This ensures
its applicability, to challenges faced by society and the ongoing policy discussions surrounding
them.

LIMITATIONS:
The study has limitations, such, as the possibility of context findings due to variations, in regional
and legal systems. Additionally since it is focused on a time frame there is a chance that it may
not capture any long term effects. The availability of data particularly when it comes to
information could be limited. Moreover the inclusion of stakeholder interviews may introduce
some bias.

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 WHAT IS JURISPRUDENCE?
Jurisprudence is a branch of philosophy that explores the nature, creation, application, and
enforcement of laws. It is a theoretical discipline that seeks to understand the underlying
principles, concepts, and ideas that form the foundation of law and legal systems. Jurisprudence is
often divided into several schools of thought, each with its own unique perspective on law.
At its core, jurisprudence seeks to answer fundamental questions about law such as: What is law?
Why do we have laws? What is the relationship between law and morality? How should laws be
interpreted and applied? These questions delve into the philosophical underpinnings of law,
examining its purpose, function, and role in society.
There are three main types of jurisprudence:
1. Normative Jurisprudence: This type of jurisprudence seeks to identify the ideal legal
system or the principles that should guide the design and operation of legal institutions. It
is concerned with questions of morality, justice, and social policy.
2. Descriptive Jurisprudence: This type of jurisprudence is concerned with the accurate
description of the features of existing legal systems or legal phenomena. It involves the
study of how law functions in society and how it impacts individuals and groups.
3. Analytical Jurisprudence: This type of jurisprudence involves the use of logical
reasoning and analysis to explore the structure of law, the meanings of legal terms, and the
relationship between law and other social institutions.

• Need Of Jurisprudence:

Jurisprudence plays a crucial role in understanding and interpreting the law. Here are some reasons
elaborating on the need for jurisprudence:
1. Understanding the Law: Jurisprudence helps us understand the law beyond its written
text. It delves into the principles, concepts, and ideas that form the foundation of legal
systems. This deeper understanding aids in the interpretation and application of law.
2. Analysing Legal Concepts: Jurisprudence provides tools to analyse legal concepts and
principles. It helps in understanding the underlying meaning of legal terms and the
relationships between different legal concepts.

5
 3. Guiding Legal Reforms: By studying jurisprudence, we can identify the shortcomings
and inconsistencies in the existing legal system. This can guide legal reforms and help in
the evolution of law.
4. Resolving Legal Disputes: Jurisprudence can provide guidance in resolving legal
disputes. It can help judges and lawyers in finding the most just and fair solution by looking
beyond the literal interpretation of the law.
5. Bridging Law and Morality: Jurisprudence often deals with the relationship between law
and morality. It helps in understanding how moral values and ethical considerations are
reflected in the law.
6. Understanding Societal Changes: Jurisprudence can help in understanding societal
changes and their impact on law. It can provide insights into how law needs to evolve with
changing societal values and norms.
In essence, jurisprudence enriches our understanding of law and its role in society. It provides a
theoretical framework to analyse, critique, and interpret legal systems. Therefore, the study of
jurisprudence is essential for anyone involved in the study or practice of law. It is equally important
for citizens to understand the philosophical underpinnings of the laws that govern them

• Views On Necessitate of Jurisprudence:

Scholars have diverse views on the necessity of jurisprudence. Here are some perspectives:

• Frederick Schauer: Schauer argues that much of contemporary jurisprudence focuses on

conceptual analysis and the properties that are necessary to the concept of law. He suggests
that there are features that overwhelmingly exist in actual legal systems, which are not
necessary to law, but can advance our understanding. He believes that defining
jurisprudence as limited to the search for features that are necessary to law may hinder
rather than advance our understanding of law as it is lived and experienced.1

• Danny Priel: Priel challenges the view that legal philosophy should find the set of
necessary and sufficient conditions that something must have in order to count as law. He
argues that an account that tries to discover the important features about law will not limit

1
https://link.springer.com/chapter/10.1007/978-94-007-6067-7_2

6
 itself only to those features that all laws necessarily possess. He suggests that jurisprudence
should focus on trying to solve certain puzzles about law, such as explaining how a social
practice can create binding norms.2

General View: Jurisprudence is seen as useful for lawyers, judges, and even the public to
understand the rationale behind the legislations passed. It helps in avoiding ambiguities in the
meaning and usage of terms. The true essence of jurisprudence lies in examining the consequences
of any law and thereby form laws that can practically fulfil the desired objective.3

These views highlight the importance of jurisprudence in understanding the nature of law, its
interpretation, and its application in various contexts. They suggest that jurisprudence can provide
valuable insights into the functioning of legal systems and contribute to the development of law
and legal practice.

2
https://www.cambridge.org/core/journals/canadian-journal-of-law-and-jurisprudence/article/abs/jurisprudence-and-
necessity/584A2DF5D52BD8B34234534910311B86
3
https://lawx.in/news/view/why-is-jurisprudence-important-for-a-law-student

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 NATURAL SCHOOL OF JURISPRUDENCE

The Natural School of Jurisprudence, also known as Natural Law Theory, is a philosophical and
legal theory that posits the existence of laws whose content is set by nature and that therefore have
validity everywhere45. This school of thought is based on the principle that certain rights or values
are inherent by virtue of human nature and can be universally recognized through human reason.
Historically, natural law theory can be traced back to ancient Greek philosophy, and it was further
developed by Christian theologians in the Middle Ages. The central idea is that there are certain
moral principles that apply to all humans, regardless of cultural, geographic, or religious
differences. These principles, the natural laws, are believed to maintain order and justice in
society6.
In the context of legal theory, natural law is often contrasted with positive law - the man-made
laws of a given political community, society, or nation-state. While positive law is contingent upon
human practices and can therefore vary between different societies, natural law is thought to be
universal and constant.
In contemporary legal and political discourse, natural law theory is often invoked in discussions
about human rights, as it is argued that certain basic rights are derived from natural law. Despite
various criticisms, the Natural School of Jurisprudence continues to be a significant and influential
theory in the study of law and ethics. It provides a framework for discussing the moral dimensions
of law and justice, which is essential in today’s complex legal landscape.78

4
https://blog.ipleaders.in/natural-school-of-law/
5
https://www.toppr.com/guides/legal-aptitude/jurisprudence/natural-law/
6
https://www.northeastlawjournal.com/post/natural-school-of-law-evolution-and-ideas
7
https://bnwjournal.com/2020/06/10/natural-school-of-jurisprudence-importance-and-criticism/
8
https://lawcorner.in/natural-law-school-of-jurisprudence/

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 • Development Of Natural Law Theory

1. Ancient Period

The development of natural law theory in the ancient period represents a cornerstone in the
evolution of legal philosophy. Ancient civilizations across various cultures laid the groundwork
for this enduring concept, which continues to influence modern legal thought. Let's explore the
key developments of natural law theory in the ancient period:9

1. Greek Philosophers: Ancient Greek philosophers such as Socrates, Plato, and Aristotle
made significant contributions to the development of natural law theory. Plato, in his
famous work "The Republic," discussed the concept of justice as an inherent characteristic
of an ideal state governed by reason. Aristotle, in his "Nicomachean Ethics," proposed that
there exists a natural order or "natural justice" based on human nature and rationality.10
2. Roman Jurisprudence: The Roman Republic and later the Roman Empire played a crucial
role in shaping natural law theory. Roman jurists like Cicero and Seneca emphasized the
existence of universal principles of justice derived from nature. Cicero, in his works such
as "De Legibus" (On the Laws), argued that true law is rooted in nature and transcends
human legislation.11
3. Stoic Philosophy: Stoicism, a school of thought prominent in ancient Greece and Rome,
greatly influenced natural law theory. Stoic philosophers like Zeno of Citium and Epictetus
believed in a cosmic order governed by rational principles. They posited that human laws
should align with this natural order to be just and valid.12
4. Judeo-Christian Influence: The Judeo-Christian tradition also contributed to the
development of natural law theory. The Hebrew Bible contains references to divine laws

9
Brian Bix, Natural Law: The Modern Tradition, in The Oxford Handbook of Jurisprudence and Philosophy of Law
(Oxford: Oxford University Press, 2002).
10
Plato, The Republic, trans. Benjamin Jowett (New York: The Modern Library, 1982).
11
Cicero, On the Laws, trans. Clinton Walker Keyes (Ithaca: Cornell University Press, 1928)
12
Brad Inwood, Stoicism, in The Stanford Encyclopaedia of Philosophy (Stanford: Stanford University, 2019)

9
 and moral principles believed to be inherent in human nature. Christian theologians like
St. Augustine and St. Thomas Aquinas integrated these Judeo-Christian teachings with
classical philosophy to articulate a comprehensive natural law framework.13
5. Islamic Jurisprudence: In the Islamic world, scholars such as Al-Farabi, Avicenna (Ibn
Sina), and Averroes (Ibn Rushd) explored the concept of natural law within the context of
Islamic jurisprudence. They proposed that certain ethical principles are universal and
immutable, reflecting the divine will and human reason.14
6. Influence on Legal Systems: The principles of natural law influenced the development of
legal systems across ancient civilizations. In Rome, natural law concepts influenced the
formulation of Roman law, including the Justinian Code. In medieval Europe, natural law
theory underpinned the canon law of the Catholic Church and contributed to the emergence
of common law.15
7. Legacy and Continuity: Despite variations in interpretation and application, the ancient
period laid the groundwork for natural law theory's enduring legacy. Its emphasis on
universal principles, human reason, and moral justice continues to shape legal discourse
and ethical debates in contemporary society.16

In short, the development of natural law theory in the ancient period represents a rich tapestry
woven from diverse philosophical, religious, and legal traditions. Its enduring influence
underscores the timeless quest for justice, reason, and moral order in human societies.

13
Augustine of Hippo, City of God, trans. Marcus Dods (New York: Modern Library, 1950); Thomas Aquinas,
Summa Theologica, trans. Fathers of the English Dominican Province (Notre Dame: Ave Maria Press, 1947)
14
Oliver Leaman, Islamic Philosophy, in The Routledge Companion to Philosophy of Religion (London: Routledge,
2007).
15
Frederick Pollock and Frederic William Maitland, The History of English Law Before the Time of Edward I, vol. 1
(Cambridge: Cambridge University Press, 1899).
16
John Finnis, Natural Law and Natural Rights (Oxford: Oxford University Press, 1980).

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 2. Medieval Period

The medieval period witnessed a continuation and elaboration of natural law theory, building upon
the foundations laid by ancient philosophers and jurists1. Influenced by both Christian theology
and classical philosophy, medieval thinkers further developed natural law concepts, shaping legal
and moral thought in Europe.17
1. Integration of Christian Theology: In the medieval period, natural law theory became
intertwined with Christian theology. Christian theologians such as St. Augustine and St.
Thomas Aquinas synthesized biblical teachings with classical philosophy to articulate a
comprehensive understanding of natural law. Augustine, in his work "City of God," argued
that divine law and natural law are interconnected, with natural law reflecting God's eternal
and unchanging order.18
2. St. Thomas Aquinas and Scholasticism: St. Thomas Aquinas, a towering figure in medieval
philosophy, made significant contributions to natural law theory within the scholastic
tradition. In his magnum opus, the "Summa Theologica," Aquinas elaborated on the
relationship between divine law, natural law, and human law. He argued that natural law
is derived from the rational nature of human beings, reflecting the eternal law established
by God. According to Aquinas, natural law provides a basis for evaluating the moral
validity of human laws.19
3. Canon Law and Natural Law: In medieval Europe, natural law theory influenced the
development of canon law, the legal system of the Catholic Church. Canon lawyers such
as Gratian incorporated natural law principles into ecclesiastical jurisprudence, recognizing
natural law as the foundation of divine and human law. Natural law provided a framework
for resolving legal disputes and guiding moral conduct within the Church.20
4. Secular Influence: Natural law theory also influenced secular legal systems in medieval
Europe. The revival of Roman law, particularly through the rediscovery of Justinian's

17
Brian Tierney, The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law 1150-1625
(Wm. B. Eerdmans Publishing, 1997)
18
Frederick Copleston, A History of Philosophy: Medieval Philosophy (Image, 1993).
19
Augustine of Hippo, City of God, trans. Marcus Dods (New York: Modern Library, 1950).
20
Jean Porter, Natural and Divine Law: Reclaiming the Tradition for Christian Ethics (Eerdmans, 1999).

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 Corpus Juris Civilis, introduced natural law concepts into European legal thought. Legal
scholars like Baldus de Ubaldis and Bartolus de Saxoferrato incorporated natural law
principles into their commentaries on Roman law, contributing to the synthesis of Roman
law and natural law theory.21
5. Medieval Universities and Legal Education: The rise of medieval universities, such as
Bologna, Paris, and Oxford, played a crucial role in the dissemination and development of
natural law theory. Scholars within the university system engaged in rigorous academic
debates on legal and philosophical matters, contributing to the refinement of natural law
concepts. Legal education emphasized the study of Roman law, canon law, and moral
philosophy, fostering an environment conducive to the exploration of natural law
principles.22
6. Legacy and Influence: The medieval period left a lasting legacy in the development of
natural law theory. The integration of Christian theology with classical philosophy
provided a robust framework for understanding the relationship between law, morality, and
divine authority. Natural law continued to shape legal thought in subsequent periods,
leaving an indelible mark on Western jurisprudence.23
In summary, the medieval period witnessed a flourishing of natural law theory, marked by its
integration into Christian theology, its elaboration within the scholastic tradition, and its influence
on both ecclesiastical and secular legal systems. The medieval synthesis of natural law with
religious and philosophical thought laid the groundwork for its continued evolution in the centuries
to come.

21
Gratian, Decretum, trans. Augustine Thompson (Catholic University of America Press, 1993).
22
Peter Stein, Roman Law in European History (Cambridge University Press, 1999).
23
Tony Honoré, Ulpian: Pioneer of Human Rights (Cambridge University Press, 2002).

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 3. Renaissance Period

The Renaissance period, characterized by a resurgence of classical learning and humanism,

witnessed a reinvigoration of natural law theory. Building upon the foundations laid by medieval
thinkers, Renaissance scholars and jurists further elaborated on the concept of natural law,
contributing to its evolution in Western legal and philosophical thought.

1. Humanism and Revival of Classical Thought: The Renaissance was marked by a

renewed interest in the works of classical philosophers such as Plato, Aristotle, and Cicero.
Humanist scholars sought to revive and reinterpret classical texts, including those
addressing natural law principles. The rediscovery of ancient manuscripts and the
dissemination of classical knowledge fuelled intellectual inquiry into the nature of law and
morality.
2. Legal Humanism and Natural Law: Legal humanists, such as Alberico Gentili and
Francisco Suárez, played a pivotal role in shaping natural law theory during the
Renaissance. Drawing upon Roman law and classical philosophy, these jurists emphasized
the importance of reason and natural justice in legal reasoning. Gentili, in his works on
international law, asserted the existence of universal legal principles derived from nature
and reason.24 25
3. Political Philosophy and Natural Law: Renaissance political philosophers, including
Niccolò Machiavelli and Jean Bodin, engaged with natural law theory in the context of
political governance. While Machiavelli's pragmatic approach to politics diverged from
traditional natural law doctrine, his writings on the nature of power and governance
influenced subsequent debates on the relationship between law and authority. Bodin, in his
seminal work "The Six Books of the Commonwealth," explored the concept of natural law
as the foundation of political order. 26 27

24
David Armitage, The Declaration of Independence: A Global History (Harvard University Press, 2007).
25
Alberico Gentili, De Iure Belli (The Law of War), (Clarendon Press, 1933).
26
Niccolò Machiavelli, The Prince, trans. Harvey C. Mansfield (University of Chicago Press, 1998).
27
Jean Bodin, Six Books of the Commonwealth, trans. M. J. Tooley (Basil Blackwell, 1955).

13
 4. Legal Education and Scholarship: The establishment of humanist academies and
universities across Europe provided a fertile ground for the study and development of
natural law theory. Legal education increasingly incorporated classical texts and humanist
principles, fostering a multidisciplinary approach to legal scholarship. Renaissance jurists
and scholars engaged in debates on natural law within academic institutions, contributing
to the refinement and expansion of natural law theory.28
5. Art and Literature: The Renaissance period witnessed a flourishing of artistic and literary
expression that reflected and influenced contemporary views on law and morality. Works
of art and literature often depicted themes related to justice, virtue, and the natural order,
providing insights into societal attitudes towards natural law principles.29
6. Legacy and Influence: The Renaissance period left a lasting legacy in the development of
natural law theory, marking a transitional phase between medieval and modern conceptions
of law and morality. The synthesis of classical learning, humanist thought, and legal
scholarship contributed to the continued evolution of natural law theory in subsequent
centuries, shaping the intellectual landscape of Western civilization.30

To summarise, the Renaissance period was a pivotal moment in the history of natural law theory,
characterized by a renewed interest in classical philosophy, humanist scholarship, and
interdisciplinary dialogue. Renaissance thinkers enriched and expanded upon the foundations laid
by their predecessors, laying the groundwork for the continued exploration of natural law
principles in the modern era.

28
James R. Jacob, Sixtus IV and Men of Letters (Medieval & Renaissance Texts & Studies, 1984).
29
Alexander Nagel and Christopher S. Wood, Anachronic Renaissance (Zone Books, 2010).
30
James Hankins, Renaissance Philosophy (Oxford University Press, 2007).

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 4. Modern Period

1. Enlightenment Thinkers and Natural Law: The modern period witnessed a resurgence
of interest in natural law theory, particularly during the Enlightenment era. Enlightenment
thinkers such as John Locke, Jean-Jacques Rousseau, and Immanuel Kant made significant
contributions to the development of natural law theory1. Locke, in his "Second Treatise of
Government," argued that natural law consists of fundamental rights inherent in human
nature, including life, liberty, and property. Rousseau, in his work "The Social Contract,"
proposed a theory of natural law based on the general will of the people. Kant, in his
"Groundwork of the Metaphysics of Morals," emphasized the autonomy of rational agents
and the universality of moral principles.31 32 33 34
2. Legal Positivism and Natural Law: In contrast to natural law theory, legal positivism
emerged as a competing school of thought in the modern period. Legal positivists such as
Jeremy Bentham and John Austin rejected the idea of natural law as a basis for law,
advocating instead for a purely empirical and analytical approach to legal reasoning.
However, natural law theorists like Lon Fuller and Ronald Dworkin challenged legal
positivism, arguing that law must embody moral principles and respect human rights.35 36
3. Human Rights and International Law: The modern period also witnessed the
development of human rights discourse and the emergence of international law based on
natural law principles. Documents such as the United States Declaration of Independence
and the French Declaration of the Rights of Man and of the Citizen proclaimed natural
rights as universal and inalienable. International legal instruments, including the Universal

31
Brian Bix, Natural Law: The Modern Tradition (Oxford University Press, 2002).
32
John Locke, Second Treatise of Government (Project Gutenberg, 2010)
33
Jean-Jacques Rousseau, The Social Contract (Project Gutenberg, 2012).
34
Immanuel Kant, Groundwork of the Metaphysics of Morals (Cambridge University Press, 1998).
35
H.L.A. Hart, The Concept of Law (Oxford University Press, 1994).
36
Lon L. Fuller, The Morality of Law (Yale University Press, 1969); Ronald Dworkin, Law's Empire (Belknap
Press, 1986).

15
 Declaration of Human Rights, recognize human rights as grounded in natural law and
applicable to all individuals regardless of nationality or culture.37 38 39
4. Contemporary Perspectives: In the contemporary era, natural law theory continues to be
a subject of debate and inquiry within legal philosophy. Scholars such as Robert George
and John Finnis have revived interest in natural law theory, emphasizing the importance of
moral principles in law and politics9. Natural law theory also informs discussions on
bioethics, environmental ethics, and the intersection of law and religion in contemporary
society.40
5. Legacy and Influence: The modern period has left a lasting legacy in the development of
natural law theory, shaping legal and moral discourse in the modern world. While facing
challenges from competing legal theories, natural law remains a vital framework for
understanding the relationship between law, morality, and human rights in contemporary
legal thought.41
In summary, the modern period has witnessed a dynamic evolution of natural law theory,
characterized by debates among legal philosophers, the recognition of human rights, and the
integration of natural law principles into international law and ethics.

• That’s all we have studied about the evaluation of the natural law theory from getting a
broad view through various periods, further we shall look at the ideology of this thinkers.

37
United States Declaration of Independence, available at: https://www.archives.gov/founding-docs/declaration-
transcript
38
Universal Declaration of Human Rights, available at: https://www.un.org/en/universal-declaration-human-rights/.
39
Robert P. George, Natural Law, Liberalism, and Morality (Oxford University Press, 1998); John Finnis, Natural
Law and Natural Rights (Oxford University Press, 1980).
40
ohn Keown, Bioethics, Medicine and the Criminal Law: Volume 1 (Cambridge University Press, 2013); Laura
Westra, Environmental Justice and the Rights of Indigenous Peoples (Earthscan, 2007).
41
ohn Witte Jr. and Frank S. Alexander (eds.), The Weightier Matters of the Law: Essays on Law and Religion
(Emory University Studies in Law and Religion, 2005).

16
• Ideologies Of Some Key Thinkers Associated With Natural Law Theory:

1. Thomas Aquinas: Aquinas, drawing heavily from Aristotle and Christian theology,
proposed that natural law is derived from the rational nature of human beings and reflects
the eternal law established by God. He emphasized the importance of reason in discerning
moral principles and argued that natural law provides a basis for evaluating the moral
validity of human laws.
2. John Locke: Locke's natural law theory posited that individuals possess fundamental
rights, including the rights to life, liberty, and property, by virtue of their existence. He
believed that government exists to protect these rights and that individuals have the right
to rebel against unjust rulers.
3. Jean-Jacques Rousseau: Rousseau's conception of natural law was based on the idea of
the "general will" of the people. He argued that legitimate political authority arises from
the consent of individuals who come together to form a social contract. Rousseau believed
in the sovereignty of the people and the importance of collective decision-making.
4. Immanuel Kant: Kant's natural law theory emphasized the autonomy of rational agents
and the universality of moral principles. He proposed that moral laws are derived from
reason and apply universally to all rational beings. Kant emphasized the importance of duty
and the categorical imperative in determining moral actions.
5. Lon Fuller: Fuller's natural law theory focused on the idea of law as a system of principles
that promote justice and the common good. He argued that legal systems must meet certain
criteria, such as clarity, consistency, and respect for individual autonomy, to be considered
legitimate.
6. Robert George: George's natural law theory emphasizes the existence of objective moral
truths grounded in human nature. He argues for the protection of human life, dignity, and
freedom as foundational principles of natural law. George advocates for the role of natural
law in shaping public policy and law.
These thinkers, each in their own way, have contributed to the rich tapestry of natural law
theory, exploring the relationship between law, morality, and human nature. Their ideas
continue to shape contemporary debates in legal philosophy and ethics.

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• So, that’s all was about the concept of natural law theory, now further let’s delve into
the criticism of the theory, which is most important part of this research paper.

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 CRITISISM OF NATURAL LAW SCHOOL

Criticism of the natural law school of jurisprudence has been a subject of extensive debate among
legal philosophers and scholars. While natural law theory has its proponents, it also faces several
criticisms regarding its conceptual foundation, practical application, and compatibility with
modern legal systems.

1. Conceptual Challenges:
a. Relativity and Subjectivity: Critics argue that natural law theory is inherently subjective and
open to interpretation, as it relies on abstract moral principles derived from human reason and
nature. What constitutes "natural" or "universal" can vary greatly across different cultures,
historical periods, and philosophical perspectives, leading to relativism in moral judgments.
b. Questionable Foundations: Some critics question the metaphysical foundations of natural law
theory, particularly its reliance on the existence of objective moral truths inherent in human nature.
Skeptics argue that such metaphysical claims lack empirical evidence and scientific basis, making
them speculative and unfalsifiable.42 43
2. Practical Challenges:
a. Enforcement and Application: Critics contend that natural law principles are often difficult to
enforce and apply in practice, especially in complex legal and social contexts. Unlike positive law,
which is codified and enforced by legal institutions, natural law relies on individual moral
reasoning and conscience, leading to inconsistencies and disagreements in legal interpretation.44
b. Conflict with Positive Law: The conflict between natural law and positive law poses a
significant challenge, particularly in cases where legal norms diverge from moral principles.

42
John Finnis, Natural Law and Natural Rights (Oxford University Press, 1980).
43
Brian Bix, Jurisprudence: Theory and Context (Sweet & Maxwell, 1996).
44
Ronald Dworkin, Law's Empire (Belknap Press, 1986).

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Critics argue that natural law theory may undermine the authority and legitimacy of positive legal
systems by challenging their conformity to moral standards.45
3. Historical Critiques:
a. Authoritarianism and Dogmatism: Historically, natural law theory has been associated with
authoritarianism and dogmatism, particularly when used to justify oppressive political regimes or
religious doctrines. Critics argue that appeals to natural law can be used to justify moral absolutism
and suppress dissenting views, leading to the imposition of unjust laws and practices.
b. Inconsistencies in Application: Critics point out inconsistencies and contradictions in the
application of natural law principles throughout history, highlighting the selective interpretation
and application of moral norms. The historical record reveals instances where natural law theory
has been used to justify practices such as slavery, discrimination, and colonialism, raising
questions about its universality and impartiality. 46 47
4. Modern Challenges:
a. Pluralism and Diversity: In modern multicultural societies, natural law theory faces the
challenge of accommodating diverse moral and cultural perspectives. Critics argue that natural law
may privilege certain ethical frameworks over others, neglecting the moral pluralism inherent in
contemporary societies.48
b. Secularism and Religious Neutrality: The secular nature of modern legal systems poses a
challenge to natural law theory, particularly in contexts where religious beliefs are not universally
shared. Critics contend that natural law theory may encroach upon the principle of religious
neutrality by privileging specific religious or moral doctrines.49

At last, while natural law theory has been a prominent school of jurisprudential thought, it is not
without its critics. The criticisms levelled against natural law range from conceptual challenges
regarding its relativity and subjectivity to practical challenges concerning its enforcement and
application in modern legal systems. Historical critiques highlight instances of authoritarianism

45
H.L.A. Hart, The Concept of Law (Oxford University Press, 1994).
46
Brian Tierney, The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law 1150-1625
(Wm. B. Eerdmans Publishing, 1997).
47
Anthony Pagden, The Enlightenment and Why It Still Matters (Random House, 2013).
48
Michael J. Perry, The Idea of Human Rights: Four Inquiries (Oxford University Press, 1998).
49
Steven D. Smith, The Disenchantment of Secular Discourse (Harvard University Press, 2010).

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and inconsistencies in the application of natural law principles, while modern challenges
emphasize issues of pluralism, diversity, and secularism.

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 CONTEMPORARY RELEVANCE OF NATURAL LAW THEORY

The contemporary relevance of natural law theory persists in various fields, including
jurisprudence, ethics, human rights, and political philosophy. While it faces challenges and
criticisms, natural law continues to inform debates on fundamental moral principles, legal
reasoning, and the relationship between law and morality.
1. Human Rights and International Law: Natural law theory provides a foundational
framework for understanding human rights as inherent and universal. Concepts such as the
inherent dignity of individuals and the equality of all human beings resonate with natural
law principles. International legal instruments, such as the Universal Declaration of Human
Rights, draw upon natural law ideas to articulate fundamental rights and freedoms
applicable to all individuals, irrespective of cultural or national boundaries.
2. Ethics and Bioethics: In the realm of ethics, natural law theory offers insights into moral
reasoning and ethical decision-making. Natural law principles guide ethical deliberations
in areas such as medical ethics, environmental ethics, and reproductive ethics. For example,
debates on issues like abortion, euthanasia, and genetic engineering often invoke natural
law concepts to assess the ethical implications of human actions and technological
advancements.
3. Political Philosophy and Legal Theory: Natural law theory contributes to discussions on
political philosophy and legal theory by exploring the relationship between law, morality,
and political authority. Proponents of natural law argue for the existence of objective moral
principles that serve as a basis for evaluating the legitimacy of legal systems and
governmental actions. Natural law theory emphasizes the importance of justice, the
common good, and the rule of law in shaping just and equitable societies.
4. Critique of Legal Positivism: Natural law theory offers a critique of legal positivism,
which maintains that law is solely derived from social sources such as legislation and
judicial decisions. Natural law theorists argue that law must be grounded in moral
principles inherent in human nature, rather than mere social conventions or political
authority. This critique highlights the normative dimension of law and challenges the
positivist separation of law from morality.

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 5. Role in Moral Discourse: Natural law theory continues to play a significant role in moral
discourse, providing a vocabulary and conceptual framework for discussing ethical issues
and moral dilemmas. Natural law principles inform ethical reasoning across diverse
cultural, religious, and philosophical traditions, fostering dialogue and debate on matters
of ethical significance.

In summary, the contemporary relevance of natural law theory lies in its capacity to address
enduring questions of morality, justice, and human rights in a rapidly changing world. While
subject to criticism and reinterpretation, natural law theory remains a vital source of ethical insight
and legal reasoning, informing both academic discourse and practical decision-making in various
spheres of human life.

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 CONCLUSION
This research project has provided an in-depth exploration of the Natural School of
Jurisprudence, its development, and its contemporary relevance. The study began with an
examination of jurisprudence, laying a solid foundation for understanding the Natural School. It
then delved into the principles and doctrines of the Natural School, tracing its evolution from the
ancient period to the modern era.

The research questions formed at the outset of the project guided the investigation, leading to a
comprehensive understanding of how the Natural School has shaped jurisprudence and its impact
on various areas of law such as human rights, constitutional law, legal ethics, environmental law,
and criminal law. The study also addressed the criticisms of the Natural School, providing a
balanced perspective on its strengths and limitations.

In conclusion, the Natural School of Jurisprudence, despite its criticisms, continues to

significantly influence contemporary legal systems. Its principles provide a moral compass,
guiding the interpretation and application of law in various contexts. This research has
contributed to the ongoing discourse in legal philosophy, offering fresh insights and perspectives
on the Natural School of Jurisprudence. It is hoped that this study will inspire further research in
this field, contributing to a more nuanced understanding of the Natural School and its role in
shaping legal thought and practice.

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