INTRODUCTION
Natural law philosophy has occupied an important place in politics, Law, religion, and ethics from the earliest times. It has played the role of harmonizing and synthesizing. It promotes peace and justice in different periods, protecting the public against injustice, tyranny, and misrule and commending the function of natural Law in liberating people from politico-legal disorder and tracing its evolution.
MEANING OF NATURAL LAW
According to Merriam-Webster’s Dictionary
A body of Law or a specific principle held to be derived from nature and binding upon human society in the absence of or in addition to positive Law.
DEFINITION OF NATURAL LAW
According to the Oxford Dictionary Of Law
The Permanent underlying basis of all Law.
MAIN EXPONENT
Stammler (1856-1938) was an exponent of the natural Law with a variable content۔
IMPORTANCE OF NATURAL LAW
Blackstone observed, “the natural law being co-existent with mankind and emanating from God Himself” is superior to all other laws. It is binding over all countries at all times, and no artificial laws will be valid if contrary to the Law of nature. The natural law theory reflects a perpetual quest for absolute justice.
Socrates, Plato, and Aristotle also accepted that postulates of reason have a universal force and that men are endowed with reason irrespective of race or nationality.
Cicero supported natural Law since it is the creation of reason by the intelligent man who stands highest in design by his reasoning faculty.
In ancient societies, natural Law was believed to have a divine origin. It had a religious and supernatural basis during the medieval period, but in modern times, it had a solid political and legal mooring.
CHARACTERISTICS OF NATURAL LAW
The chief characteristics feature of natural Law may be briefly stated as follows:
1. APRIORI METHOD
It is an apriori method that is different from the empirical approach.
Apriori Method: This method is concerned with things or conclusions about a subject as they are without any need for inquiry or observation.
Empirical Method: This method is concerned with finding the causes and recommendations concerning the subject matter.
2. IT IS BASED ON MORAL IDEALS
It symbolizes the physical Law of nature based on moral ideals which have a universal applicability in all places and times.
3. IT DEFENDS THE STATUS QUO
It has often been used either to defend a change or to maintain the status quo according to the needs and requirements of the time. For example,
- Locke used natural Law as an instrument of change
- Hobbes used it to maintain the status quo in society
4. RULE OF LAW
The concepts of ‘Rule of Law’ in England and Pakistan and ‘due process’ in the USA are based on natural law philosophy.
NATURAL LAW AND OTHER LAWS
By its very law and content, the natural Law differs from the positive Law. It also differs from other forms of Law, such as canoLawaw, Common Law, Constitutional Law, International Law, etc., in the following aspects:
1. NATURE
Natural Law is eternal and unalterable, but the other forms of Law are subject to periodic changes and alterations.
2. CREATION
Man does not make natural Law; it is only discovered by him, whereas man creates, evolves, modifies, and alters other laws.
3. ENFORCING
Any external agency does not enforce Natural Law, but the State, sovereign, or ruler enforce every other form of Law, and there is always a coercive force behind it.
4. PROMULGATED
Natural Law is not promulgated by legislation; it is an outcome of the preaching of philosophers, prophets, saints, etc. Thus, it is a higher form of Law to which all Lawms of artificial laws should pay due obedience.
5. FORMAL CODE
Unlike other forms of Law, Natural Law has no formal written code. Also, there is neither a precise penalty for its violation nor any specific reward for abiding by its rules.
6. ETERNAL LASTING VALUE
Natural Law has an immutable, eternal, lasting value, and it has been generally accepted that any artificial law that runs contrary to natural law may succeed for the time being. Still, it is likely to fail sooner or later.
DECLINE OF NATURAL LAW THEORY
Montesquieu superficially adhered to the doctrine of the Law of nature, meaning that Law must be influenced by environment and conditions such as climate, soil, religion, custom, commerce, etc. Montesquieu embarked upon his comparative study of Law and government with this idea. His approach undermined the doctrine of natural Law.
David Hume destroyed the theoretical basis of Natural Law. The theory of natural Law was based on Law’s conception of reason as a faculty inherent in all men, which produced certain immutable norms of conduct. Hume showed that reason, as understood in the systems of natural Law, was based on infusion.
At the Dawn of the 19th century, there was a reaction against excessive individualism fostered by later natural law theories, resulting in the French Revolution. There grew up a collectivist outlook on life, and natural law theories declined.
REASONS OF THE FAILURE
There are no limited reasons for the failure of Natural Law Theory. Objections to natural law theories also came from other quarters. Some of them are discussed below.
1. ENVIRONMENT
The teachings of historians and sociologists put stress on the environment.
2. PRAGMATIC SPIRIT OF SCIENCE
It was found that there was no foundation for the sweeping assertion that man must always seek social or that man is always selfish. It was contended that the idea of natural Law was no longer a psychological reflex.
3. BENTHEM (1748-1832)
He regarded natural Law as nothing but a law phrase. He mercilessly criticized the idea of natural rights and described them as “simple nonsense”: natural and imprescriptible rights.
4. JOHN AUSTIN (1799-1859)
He rejected natural Law because it was legal and misleading. Austin opposed the concept of the natural rights of individuals against the State. His view was that all rights were created and regulated by the State. The State did not originate in a social contract. The people did not obey the State on account of formal consent but on account of the force of their habit of obedience. The State continues to exist on the version of its utility to the people.
CRITICISM OF NATURAL LAW THEORY
Critics of natural law theory say that it is doubtful, however, that the inherent nature of Homo Sapiens establishes laws of behaviour for human beings in the same way as it may establish rules of conduct for cats, lions, and polar bears. It is challenging because so much of human behaviour is shaped by the environment, that is, by deliberate and non-deliberate conditioning, training, and education.
CONCLUSION
Natural Law means those laws and principles that should have originated from some supreme source other than any political or worldly authority. Even modern sociological jurists and realists have taken recourse to natural Law to support the sociological ideology and the concept of Law to reconcile the conflicting interests of individuals in society. The brief survey of the theories of Natural Law reveals that its image has changed occasionally.
FREQUENTLY ASKED QUESTIONS
Define natural law theory, discuss its features and the criticism against the idea.
(2019-A)
Define Natural Law theory. Explain its essential features and criticism.
(2018-S, 2017-A)
What do you understand by Natural Law Theory? Explain its salient features and elaborate on its distinction from the other laws.
(2018-A)
What is Natural Law Theory? How is Natural Law distinguished from other laws?
Discuss the Natural Law Theory, which is the leading exponent, criticism, and revival of Natural Law Theory.
REFERENCES
- Jurisprudence
- N-Series by M.A. Chaudhary
- Black’s Law Dictionary
