NIRMA UNIVERSITYINSTITUTE OF LAW

[Semester III, B.A. LL.B.

(Hons.)]

ASSIGNMENT

Of

JURISPRUDENCE I(2BL333)

REFLECTIVE NOTE

ON TOPIC-: NATURAL LAW SCHOOL OF

JURISPRUDENCE

Guided By: SUBMITTED BY-:

Prof. Sachin Kumar Sharma Akashi Khandelwal

23BAL144
Reflective Note on the Natural Law School of Jurisprudence

Introduction

Natural law is a fundamental school of thought in jurisprudence, based on the belief that there
are moral principles that apply universally to all people. The core of natural law is the idea that
true law is inherently linked to morality, and that laws created by humans should reflect these
higher ethical standards to be deemed legitimate. In contrast to other schools, like legal
positivism, which view law as merely the command of an authority, natural law asserts that law
is based on unchanging moral truths. This reflective note will discuss the main concepts of
natural law, its historical roots, key figures, strengths, criticisms, and its impact on
contemporary law, along with my personal insights.

1. Knowledge and Understanding of the Natural Law School

1.1 Core Concepts of Natural Law

The foundation of the Natural code School is the belief that human reason can comprehend a
higher moral code. According to this viewpoint, regardless of political directives or social
norms, these rules are continuous and universal. The main idea is that these moral standards
need to be the standard by which any legislation made by human authority is judged. A law is
considered unfair and not a real law if it diverges from these core moral principles. Laws must
follow a moral code; they are not arbitrary in the context of natural law. Advocates of natural
law, for example, would argue that a law is unconstitutional if it encourages behaviors that are
generally considered to be immoral, like discrimination, even if the legislation has been enacted
by legitimate authorities. The underlying notion is that morality serves as the foundation for all
legitimate law.
Elements of Natural Law:

1. Universality: The fundamentals of natural law are seen to apply to everyone,

irrespective of their historical background, cultural background, or religious
convictions. Theoretically, everyone may acknowledge and concur on these concepts
because of their universality.
2. Inherent Morality: Natural law emphasizes that all legal systems should respect
justice, equity, and human dignity by holding that some behaviours are essentially
right or immoral.
3. Higher Authority: Some people believe in a higher power or moral code that is
superior to human authority. Laws must be consistent with this higher moral order in
order to be legitimate and just.
4. Justice Guidance: Natural law serves as a yardstick for determining the fairness of
legislation. If a human-made law contradicts natural law, proponents of natural law
would argue that it should not be obeyed.

1.2 Historical Roots and Key Thinkers

The Natural Law School has significant roots in ancient philosophy, especially in the works of
Greek and Roman thinkers who viewed law as something greater than the mere edicts of kings
or rulers. For example, Aristotle believed that natural laws could be discovered through reason
and that these laws reflect a rational order inherent in the universe. Later, Thomas Aquinas
integrated natural law into a theological context, seeing it as part of divine law that can be
understood through human reason and is in harmony with God’s will.

Evolution of Natural Law Theory: A Timeline of Key Thinkers

Over the years, several thinkers have contributed to the development of natural law theory.
Notable people and their contributions are highlighted in this timeline:

1. Ancient Period

• Socrates (469–399 BCE): Highlighted justice and moral qualities as universal truths.
• Plato (427–347 BCE): Proposed a perfect standard of justice to which laws on earth
ought to strive.
• Aristotle (384–322 BCE): argued that human nature and reason are the foundation of
natural law.
5. Roman Era
• Cicero (106–43 BCE) introduced the concept of a "higher law" and argued for
universal rules founded on reason.

• Roman jurists, who lived from the first century BCE to the first century CE,
incorporated the ideas of ius naturale, or natural law, into Roman law with a focus on
equality and justice.
6. Medieval Era:
• Thomas Aquinas (1225–1274) made the connection between natural and divine law,
contending that unjust rules are powerless.
7. Early Modern Period:
• Francisco Suárez (1548–1617) opened the door for secular interpretations by
distinguishing between natural and supernatural law.
• Hugo Grotius (1583–1645): Secularized the concepts of natural law and extended
them into international law.

5. Enlightenment Era:

• Thomas Hobbes (1588–1679) connected social contracts, self-preservation, and

natural law.
• John Locke (1632–1704): Influenced contemporary democracy by developing the
idea of natural rights.
• Jean-Jacques Rousseau (1712–1778): Introduced popular sovereignty and "general
will," which were consistent with the justice principles of natural law.

6. 19th–20th Century
• Immanuel Kant (1724–1804): Promoted moral autonomy, impacting the ethical
aspects of natural law.
• John Finnis (1940–): Influenced human rights and modernized natural law by
connecting it to fundamental human goods.
2. Critical Analysis and Reasoning

2.1 Strengths of the Natural Law Theory

Natural law has various strengths that contribute to its attractiveness and importance as a
philosophical framework. Many of its fundamental ideas are consistent with ideals like as
justice, fairness, and human dignity. The requirement that laws be ethically justified is one of
the main features of natural law that I appreciate. Laws should have a higher moral purpose in
addition to being orders from the ruling class. Natural law has a solid ethical basis because of
the emphasis on morality. Although they may be useful, laws that are solely based on authority
frequently lack a sense of fairness. The notion that laws need to be based on universal standards
of good and wrong is demonstrated by the efforts made by nations to enact legislation that
upholds human dignity and protects marginalized communities.

Human rights legislation has also been significantly influenced by natural law, which upholds
the idea that everyone has unalienable rights. Natural law ideas, for instance, provide the basis
for the idea of "natural rights" as stated in the US Declaration of Independence. Furthermore,
natural law offers a foundation for opposing repressive governments or unjust rulers. The
Nuremberg Trials during World War II are a famous example, when natural law was invoked
to contend that Nazi leaders could not defend their acts by using state rules that went against
basic human morality.

2.2 Criticisms and Limitations of Natural Law Theory

A number of important objections are raised against natural law theory. Its reliance on
impersonal moral standards, which are sometimes difficult to articulate or agree upon, is a
significant critique. Many people doubt that a society can agree on what is "morally right," as
moral opinions differ greatly, especially in multicultural and varied settings. Critics further
point out that the concept of "natural" can be arbitrary and impacted by personal, societal, and
historical circumstances, making universal applicability difficult. The relationship between
natural law and religion, particularly in Aquinas's writings, is another issue. It is strongly tied
to Christian doctrine, which causes problems in secular countries that are inclusive of many
religions. Additionally, because natural law is not well codified, it is applied inconsistently and
is subject to individual interpretation, which might sometimes lead to unpredictable legal
results.
3. Relevance of Natural Law in Contemporary Jurisprudence

The influence of natural law remains visible today, especially in areas such as human rights,
constitutional law and international law. Its principles are embedded in many legal systems
worldwide, even if those systems don’t explicitly identify themselves as natural law-based.

3.1 Impact on Human Rights and International Law

Natural law has been essential in shaping modern human rights. Many concepts of human
rights, such as the belief that individuals possess certain rights simply by being human, stem
from natural law philosophy. For instance:

• Universal Declaration of Human Rights: The principles outlined in the UDHR embody natural
law concepts regarding the dignity and value of every individual. The notion that everyone is
entitled to respect and specific protections, regardless of their nationality or background, aligns
with natural law’s perspective on universal human rights.

• Constitutional Law: Courts frequently invoke natural law principles, particularly in cases
concerning fundamental human rights. In the U.S., for example, certain rights not explicitly
stated in the Constitution, like the right to privacy, are sometimes supported by natural law
arguments.

3.2 Challenges in Modern Diverse Societies

Since natural law is based on universal moral principles that might not coincide with everyone's
opinions, its application in today's various society presents many difficulties. Enforcing a single
moral framework becomes increasingly challenging as cultures become more varied and
complicated. People in multicultural environments frequently have different opinions on what
moral behaviour is. Also, the relationship between natural law and Christian doctrine may make
it more difficult for secular, multireligious nations to embrace natural law as a universal norm.
Furthermore, in order to protect individual liberties and refrain from enforcing a single moral
perspective, contemporary secularism aims to disentangle morality from the law. However, the
demand for a moral basis for the law in natural law may also clash with this division.
4. Reflection and Personal Insight

Reflecting on the Natural Law School has enhanced my understanding of how law and morality
intersect. Personally, I find the emphasis on ethics in natural law to be its most attractive
feature. I believe that law should be more than just a mechanism for regulating behavior; it
should also elevate human dignity and foster justice. However, I also see the limitations of
natural law, particularly in our diverse world where moral values can differ significantly. While
I value the focus on universal principles, I recognize the importance of flexibility and
adaptability within legal systems. In my opinion, natural law should act as a guiding ideal, but
it must also accommodate various interpretations that can address different cultural and social
contexts.

Conclusion

In conclusion, by relating the law to universal moral principles, the Natural Law School of
jurisprudence provides an insightful viewpoint. It emphasizes that justice, equity, and respect
for humankind should be reflected in the law, giving it a function beyond simple regulation.
Although there are restrictions to natural law, especially