Natural Law School

Dr. D. Ganesh Kumar

Assistant Professor
Natural Law

 Natural law – Law as the dictate of Reason.

 Natural law philosophy is the ancient most

legal philosophy in the field of jurisprudence.

Natural law means those rules and principles
which are considered to have emanated from
some supreme source (i.e., God or Nature)
other than any political authority. Natural law
connotes universal human reason or common
sense. The rules of Natural law are the
product of ‘Reason’.
Natural Law = Principle of Justice
+Morality/Reason
 Natural law has been given different names
by different jurists such as –Immutable law,
‘Devine Law’, ‘Moral Law’, ‘Law of God’,
‘Universal Law’, ‘Un-written Law’, and so on.
Natural Law theories reflect a perpetual quest
for absolute justice. Natural law has been a
double edged weapon to protect and preserve
moral, rational and just laws and to destroy
all immoral and unjust laws.
Characteristic Features of Natural :Law School

 Natural Law’s meaning and nature has been varying and

self-contradictory because it has been used in the sense of
natural reason or moral law or law with varying content.
 The principles of human conduct that are discoverable by

‘reason’ – are absolute, immutable and universal.

 Natural Law Philosophy can be used to defend or override

individual liberty for common well being.

 The essence of Natural law philosophy specifies that the

positive law is subject to the inhibition of a moral order.

 Natural law contains higher ideals of morality, justice,

ethics, right reason, good conduct, equality, liberty,

freedom, social justice, democracy etc.
  
Contd…
 Natural law is written by fingers of nature in
the hearts of men.
 W.Friedman defined Natural Law:- In the

following lines he has explained:-

 The conception of Natural Law as an order
which commands human respect becomes
possible only when man becomes conscious
of his position in the universe, then law is no
longer a magic or religious rites but emerges
as a separated concept.
Greek Period
 Natural Law :- Greek Origin
 The Greek Natural law was both a way of

living as well as thinking. The Greek

Philosophers, the Sophists, Socrates, Plato
and Aristotle touched either in a purely
theoretical or practical manner upon the
ethical or political side of the speculation.
Contd…
 Heraclitus (530 - 470 BC) - was the first Greek
philosopher who founded natural law philosophy
in the rhythm of events. He took ‘fire’ as his
fundamental physical principle: i.e., bright and dry
– and he seems to have regarded this as
incessantly struggling with the dark and moist
principle which is opposed to it. In the life of man
he appears to have thought this struggle can be
found going out and the great aim of moral life is
to secure victory for the bright and dry ‘keep your
soul dry’ was with him fundamental moral law.
Contd…
 Socrates (470 - 399 BC) :- was a great
inquirer of truth and moral values and not a
dogmatist. For practical reasons he
emphasized upon practical morality which he
based on scientific outlook. ‘virtue’ he said ‘is
knowledge’, and ‘what ever is not knowledge
is sin’.
Contd…
 Plato (427 – 347 BC) expounded his concept of
Ideal State- the Republic wherein with perfect
division of labour ‘ each man ought to do his work
in the station of life to which he is called by his
capacities. For him “to mind one’s own business
and not to be meddlesome is justice“. Thus Plato
enunciates the doctrine that justice is Harmony of
man’s inner life and harmony is the quality of
justice and it is achieved by reason and wisdom
over desires. In his Ideal State Plato is of the view
that it is the intelligent men- the philosopher who
should be the kings.
Contd…
 Aristotle (384 – 322 BC) – he expounded the theory of
natural law and positive law in clearer terms than his
predecessors. The purpose of State, community, law is
to enable man to realize good life, that is living
according to virtue. According to him, he who bids the
law or rule, may be deemed to bid God and Reason
alone rule, but he who bids man rule adds an element of
the best; for desire is a wild beast and passion perverts
the minds of the rulers, even when they are best of men.
The law of reason is unaffected by desires. Thus law of
reason embodies the basic principles of justice and
morality which were of universal validity and
independent of time and place.
Contd…
 Sophists (450 – 400 BC)- They insisted that, the
moral and ethical values should be there in
youngsters.
  
 Another group of people Stoics (Always ready to
suffer the pains/troubles, but never complain of
it to anybody):
 They identified the law native with
reason and said man lives naturally, if he lives
according to reason. Stoics used their famous
phrase to “live according to nature”.
Roman Period
 Although the Greeks and the Stoic
philosophers expounded the doctrine of
higher law of nature based on reason in the
philosophical sense, it was left to the Romans
to study, explain and systematize natural law
as Lawyers and Judges in a legal manner. It is
they who gave practical application to natural
law in the juristic sense.
Contd…
 Rome was considered the best civilization or
first civilization. They use to apply 2 kinds of
law.
 Jus Civile- for their own people- Romans-

Local law.
 Jus Gentium- for others- for commercial

societies. Purposes- trader practices. Ex-

international law.
Contd…
 Cicero (106 – 43 B.C), A Roman Philosopher achieved
fame as lawyer, Statemen and orator one of his
numerous works known De Legibus is an illuminating
example of Cicero’s Legal philosophy. It is solely due
to him that stoic form of the law of nature took root
in Roman Legal Philosophy. Cicero declared, ’True
Law is right reason in agreement with nature; it is of
Universal application , unchanging and
everlasting………. And there will not be different laws
at Rome and at Athens, or different laws now and in
future, but one eternal and unchangeable law will be
valid for all nations and all times…….”.
Contd…
 Law is the highest reason implanted in the nature
which commands what ought to be done and
forgets the opposite. This reason when firmly
fixed and fully developed in the Human mind is
law. highest reason is law in the other sense.
 Law is a natural force and it is the mind of
intelligent man, the standard by which justice
and injustice are measured.
 In other words, a man of ordinary prudence is
considered to be an intelligent man. This
reasoning power is law.
Contd…
 He also said that man is considered because
of his creation, intellectual property/ abilities
etc., highest creation. Creation is enjoyed by
human beings.(Welfare of the human beings)
Men should spare no effects to help others.
Thank

You