Table of Contents
Introduction
The natural law philosophy occupies an important place in the era of politics, law, religion, and ethics from the earliest times. All the jurists are of different opinion regarding the term natural law theory and this term has been interpreted depending on needs of the legal thought. The exponents of natural law philosophy believes that it is a law which is inherent in the nature of man and is independent of convention, legislation or any other institutional devices
Blackstone: “The natural law being coexistent with mankind and emanating from God himself, is superior to all other laws. It is binding over all the countries at all times and no man made law will be valid if it is contrary to the nature of law.””
Cohen: “Natural law is not a body of actual enacted or interpreted law enforce by courts. it is in fact a way of looking at things and a humanistic approach of judges and jurists.”
Characteristics of Natural Law
- Natural law deals with a method known as the ‘a priori’ method. This method accepts the things as they actually are without any further enquiry and observation on them.
- Natural law symbolizes physical laws on nature which is based on moral ideals and has universal applicability.
- Natural law forms the basis of Rule of Law and Human Rights jurisprudence.
- It is eternal, unalterable, and unwritten.
Evolution of Natural Law School
Ancient Period in Greece:
During the ancient period, several thinkers contributed to the growth of Natural Law theory. The concept of natural law originated in Greece, with famous philosophers such as Heraclitus, Socrates, Plato, and Aristotle. Below are their major contributions:
Heraclitus
The idea of natural law was first shaped by Greek philosophers around the 4th Century B.C.
Three main characteristics of the law of nature as defined by Heraclitus are:
Destiny
Order
Reason
He believed in a definite rhythm and order in events, governed by natural reason.
He argued that the instability in the small Greek city-states led legal philosophers to view law as a tool of the powerful, with the masses struggling for a better life.
Socrates
Socrates was one of the major Stoic philosophers and a passionate admirer of truth and moral values.
Distinguished between:
Natural physical law
Natural moral law
He believed natural law to be Universal, Immutable and Uniformly applicable to all persons at all times.
Plato
Plato was a student of Socrates, He introduced the concept of Idealism, the pursuit of perfection in thought.
He believed that forms like goodness, virtue, and honesty were Eternal, Immutable and Provides equal justice to all.
Famous Work of Plato: Republic
Aristotle
According to Aristotle, man is part of nature in two ways:
He is a creation of God
He possesses insight and reason which enable him to guide his actions.
He Believed that principles of justice and morality are:
Universally valid
Independent of time and place
He claimed that the ideals of natural law stem from the human conscience, not just the human mind.
As such, natural law is more valuable than positive law, which is created by human reasoning.
Roscoe Pound’s Observation on Greek Natural Law Philosophy:
This philosophy reflects ideas of philosophers, orators, and thinkers—not lawyers or jurists.
This philosophy was influenced heavily by political declarations and tribal customs.
He stated that:
Enacted laws were often just declared customs.
Their validity depended on alignment with natural law.
Concluded that there was an emerging consciousness that law is a product of wisdom and reason, and its validity arises from that origin.
Medieval Period
The time period from the 12th Century to the mid-14th Century is generally referred to as the Medieval Period. This era was dominated by ecclesiastical doctrines, primarily propagated by Christian fathers to assert the superiority of the Church over the State.
St. Thomas Aquinas: The Key Proponent
St. Thomas Aquinas was the main figure of the medieval period who developed the Natural Law theory in great detail. He classified law into four distinct categories:
- Law of God- This is the supreme law made directly by God Himself.
- Natural Law- This law reveals itself through natural reason. It is applied by humans in governing their affairs and relationships.
- Divine Law- Divine law is found in scriptures, It is the moral and spiritual guidance laid down in holy texts. According to Aquinas, the Church has the exclusive authority to interpret the scriptures. This view strengthened the Church’s influence over secular governance.
- Positive Law / Human Law– These are laws created by human beings. Aquinas emphasized that Positive Law must conform to Natural Law. A law is valid only if it aligns with the principles of natural law.
Modern Classical Era (Renaissance)
The Modern Classical Era, also known as the Renaissance, marked a turning point in human history. This period witnessed a revival of rationalism, leading to groundbreaking ideas in philosophy, science, and governance. One such revolutionary idea that emerged was the Social Contract Theory.
What is Social Contract Theory?
At its core, the Social Contract Theory suggests that:
“Human beings came together to form a social agreement—a ‘contract’—where each individual has certain rights, and to ensure these rights are respected, certain duties are imposed on everyone.”
For example:
If every person has a right to life, then every person also has a duty not to take another’s life.
Let’s explore the brilliant minds who shaped this theory and what each of them believed 
Thomas Hobbes: The Champion of Absolute Sovereignty
“Without a powerful sovereign, life would be solitary, poor, nasty, brutish, and short.”
Key Ideas:
Hobbes described the State of Nature as a condition where humans lived in constant fear of violent death.
To escape this chaos, people entered into a social contract, surrendering all their rights to a sovereign authority for the sake of security and order.
He argued for the absolute power of the sovereign, who ensures law and stability.
According to Hobbes, law exists only through the will of the sovereign.
Famous Works: Leviathan, Behemoth
John Locke: The Advocate of Limited Government
“Every man has a property in his own person. This nobody has any right to but himself.”
Key Ideas:
Unlike Hobbes, Locke believed that in the social contract, people retain certain natural rights.
These include the right to life, liberty, and property.
The power of the government is limited and conditional—if it fails to protect rights, people can overthrow it.
Locke’s theory laid the foundation for modern democracy and constitutional government.
Famous Work: Two Treatises of Government
Jean-Jacques Rousseau: The Voice of the General Will
“Man is born free, and everywhere he is in chains.”
Key Ideas:
Rousseau believed people entered into a contract to preserve equality and freedom.
Unlike Hobbes and Locke, he emphasized the collective will or General Will—the common good of all.
Individuals may surrender their rights to the community as a whole.
The General Will represents the true will of the people and should guide all laws and governance.
If a government does not align with the General Will, it loses legitimacy.
Famous Works: The Social Contract, Confessions, Discourse on Equality
Immanuel Kant: The Moral Philosopher
“Act only according to that maxim whereby you can at the same time will that it should become a universal law.”
Key Ideas:
Kant embraced the Social Contract and natural law, but placed reason and morality at its core.
He supported the separation of powers and believed the state exists primarily to uphold the law.
He developed the idea of the Categorical Imperative, inspired by Rousseau’s General Will.
Downfall of Natural Law Theory
With the advent of Positivism, the long-standing influence of Natural Law Theory began to decline significantly. The Industrial Revolution and rapid scientific discoveries ushered in a new era—one that was increasingly skeptical of abstract moral ideals and favored practical, observable, and enforceable rules.
Two key thinkers—Jeremy Bentham and John Austin—led the way for this transformation. Their ideas, along with those of other critics, dealt a serious blow to the authority of Natural Law Theory.
David Hume:
Hume questioned the objectivity of values in nature.
He opposed the idea that justice or values are universal truths inherent in nature.
According to him, justice and moral values vary greatly from society to society.
He argued:
“If there truly existed a perfect and complete system of law inherent in nature, why would there be so many divergent interpretations of law across the world?”
Jeremy Bentham:
Bentham was a vocal critic of Natural Law.
He famously dismissed it as:
“Simple nonsense; natural and imprescriptible rights, rhetorical nonsense—nonsense upon stilts.”
For Bentham, rights must be man-made, measurable, and utility-based—not mystical or moral.
John Austin
Austin rejected the concept of natural rights entirely.
He believed:
“All rights are created by the State and are enforced by the State.”
Austin also dismissed the Social Contract Theory, stating that:
“People do not give consent to the State to make laws—the State commands, and the people are forced to obey.”
Revival of Natural Law Theory (20th Century)
Rudolf Stammler: He Proposed a hybrid theory blending natural and analytical school between analytical and natural law school. According to him the laws can be different for different societies, but the ends to be achieved by those laws are ascertainable by the a priori method
Jerome Hall: Emphasized moral integration in legal systems and proposed six features of law:
- Ethical validity
- Functional
- Regularity
- Effectiveness
- Public interest
- Inexorability
Drawbacks of Natural School of Law
- The concept of morality is a concept which changes from place to place and even time to time , so this concept cannot be held as universally applicable.
- The rule of morality are not always open to change but legal rules need changes from time to time seeing the situation of countries.
- Generally legal disputes are settled by the law courts but the disputes relating to morality cannot always be set by the court.
- Sometimes law and morality stands in conflict with each other.
