Introduction:
The natural law philosophy has occupied an important place in the realm
of politics. The natural law theory
reflects a perpetual quest for absolute justice. The roots of this theory are
found in the philosophies of ancient Greek philosophers. Socrates, Plato and Aristotle
accepted that the postulates of reason have a universal force and men are
endowed with reason irrespective of race or nationality.
In ancient societies, natural law was believed to have divine origin.
During the medieval period it had religious and super-natural basis, but in
modern times it has a strong political and legal mooring. It has been rightly
pointed out by Lord Lloyd that natural law has been devised as a mere law of
self-preservation or a law restraining people to a certain behavior. It has
found expression in modern legal systems in the form of socio-economic justice.
The entire human rights philosophy is an outcome of the growing importance of
the principles of natural justice. The natural law theory acts as a catalyst to
boost social transformation thus saving the society from stagnation.
Meaning: There is no unanimity about the definition and exact meaning of natural
law and the term ‘natural law theory’
has been interpreted differently in different times depending on the needs of
the developing legal thought. But the greatest attribute of the natural law
theory is its adaptability to meet new challenges of the transient society.
The exponents of natural law philosophy conceive that it is a law, which
is inherent in the nature of man and is independent of conventions, legislation
or any other institutional device.
From the jurisprudential point of view, natural law means those rules
and principles, which are supposed to have originated from some supreme source
other than any political or worldly authority.
Some thinkers believe that these rules have a divine origin; some find
their source in nature while others hold that they are the product of reason.
Even the modern sociological jurists and
Main Characteristics of Natural Law
The phrase ‘natural law’ has
a flexible meaning and has been interpreted to mean different things in the
course of its evolutionary history. However, it has generally been considered
as an ideal source of law with its invariant contents. The chief characteristic
features of natural law are;-
1.
It 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
2.
It symbolizes physical law of
nature based on moral ideals, which has universal applicability at all places
and times.
3.
It has often been used either to
defend a change or to maintain status quo according to the needs and
requirements of the time. For example, Locke used the natural law theory as an
instrument of change, but Hobbes used it to maintain status quo in the society.
4. The concept of ‘Rule of Law’ in England and India and ‘due processes in
USA are essentially based on the natural law philosophy.
Natural Law as distinguished from other Laws
The natural law, by its very nature and contents differs from other
laws.
•
Natural law is eternal and
unalterable, but the other forms of law are subject to periodic changes and
alterations.
•
Natural law is not made by man;
it is only discovered by him. Whereas the other laws are created, evolved, modified
and altered by man.
• Natural law is not enforced by any external agency, but every other form
of law is enforced by the State or sovereign and there is always a coercive
force behind it.
•
Natural law is not promulgated by
legislation. It is an outcome of preaching of philosophers, prophets, saints
and thus in a sense it is a higher form of law to which all forms of man-made
laws should pay due obedience.
• Unlike other forms of law, natural law has no formal written Code, nor a
precise penalty for its violation or specific reward for abiding by its rules.
• Natural
law has an eternal lasting value, which is immutable.
•
The central idea behind natural
law is that it embodies moral principles which depend on the nature of the
Universe and which can be discovered by natural reason. But human law can only
be said to be law in so far as it conforms to those principles.
Critical Appraisal of Natural Law Theory
A brief survey of the Natural law theory reveals that the concept has
been used to support different ideologies from time to time. It has been used
to support absolutism, individualism and has even been used by revolutionists
to overthrow the government. The natural law principles of justice, morality
and conscience have been embodied in the various legal systems. Natural law
being regulated by the law of nature is inevitable and obligatory whereas man-made
positive laws are arbitrary and contingent. Natural law is not variable since
it emanates from ‘human reasoning’, which is known for its uniformity and
general acceptance.
The part played by the natural law in the development of modern law can
hardly be exaggerated. Legal history testifies that it is natural law, which
directly or indirectly provided a model for the first man-made law. Oppenheim
recognized the contribution of natural law and observed, “but for the system of
the law of nature and doctrines of its prophets, modern constitutional law and
the law of nations would not have been what they are today.
Criticism of the Natural Law Theory
Despite the merits of the Natural law theory it has been criticized for
its weaknesses on the following grounds
1. The moral proposition i.e. ‘ought to be’, may not
always necessarily conform to the needs
of the society. For instance, it
is natural for men to beget children. However due to growing
2.
The concept of morality is a
varying contingent changing from place to place; therefore it would be futile
to think of universal applicability of law. For example, one society may adhere
to monogamy, while another may permit plurality of marriages.
3. The rules of morality embodied in Natural law are not amenable to
changes but the legal rules do need to change with the changing needs of
society.
4.
Legal disputes may be settled by
law courts, but the disputes relating to the morality and law of nature cannot
be subjected to judicial scrutiny. The verdicts passed in such cases can always
be questioned.
5. Though
apparently law and morality may appear to be in conflict with each other, the
fact
remains that in order to decide whether a particular law is ‘just’ or ‘unjust’
it has to be tested on the basis of the principles of morality.
Conclusion: According to the Natural law theory, there are objective principles,
which depend on the essential nature
of the universe, and which can be discovered by natural reason. Natural law is
very different from positive man made law and though there has been quite a bit
of criticism of this doctrine, yet it has been revived to a large extent in the
20th century.
In the words of Dr Friedmann, “The most important and lasting theories
of natural law have undoubtedly been inspired by two ideals–of a universal
order governing all men and of the inalienable right of the individuals.”
jurisprudence
