Natural Law theory- Its relevancy in the modern times
Natural Law school is not an independent school. It has a deep concern with the historical, analytical school. The main contents of this theory are that it has been interpreted differently at 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. According to the propounder of this theory says that Law is a product of the straight-thinking of the human mind.
According to Socrates, he duly asserts that the positivist authority should be obeyed but not blindly and it ought to be subject to criticism if deserve so.
Plato: He was in the view that each individual is given the best suitable role by reason of his capacity and abilities.
Thomas Aquinas (Roman Thinker):- He means that Natural Law is a part of Divine Law. This part is applied by human beings to govern their affairs and relations.
Thomas Hobbes (Roman Thinker):- According to him that there should be an absolute authority which should govern and control the affairs of human beings in the reciprocal transmission of concerned with every span of life.
Rousseau (Roman Thinker): He held that there two types of will:
1. The will of the individual and
2. General will. The authority through his rule must respect them both and in the administration of the rulemaking process. These will should be reflected.
Definition:- From the jurisprudence point of view Natural law is not a body of actual enacted or interpreted law enforced by courts. It is in fact a way of looking at things and a humanistic approach of Judges and Jurists. It embodies within it a host of ideals such as morality, justice, reason, good conduct, freedom, equality, liberty, ethics, and so on. The phrase Natural Law has a flexible meaning. The chief characteristic feature of natural law may be briefly stated as follows:-
i) It is basically a priori method that is different from the empirical method. It used to stress upon a cause and effect relationship between the facts on the verge of logic.
ii) It symbolizes the physical law of nature-based on moral ideals which has universal applicability at all places and times.
iii) It has often been used either to defend a change or to maintain status-quo according to the needs of the time.
iv) The concept of Rule of law in England and India and due process in the USA are essentially based on Natural Law philosophy.
MODEN NATURAL LAW THEORIES:- The following are the three main thinkers who contribute to Modern Natural Law theories:-
- Stammler:- He was much more influence by Positive Law. He says that” all positive law is an attempt at just law” with regard to the will and purpose of the lawmaker should have the proper understanding and knowledge of the actual social world or social reality. Various a time in his concept he interchangeable used the word will with the purpose and he concludes that it is the will of the people which enable them to secure their purpose under social reorganization.
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