Distinct Outlooks on the Natural Law Theory- (Blog)


The theory of Natural Law started with the Greek and Roman people as early as in the 5th Century whereby it was considered to be the most dominating branch of law. The principle advocated itself to be a law which emanates from the supreme power which is indifferent to any worldly/political power.

Natural Law was given different names based on a plethora of reasons. Some called it Divine Law because it was supposed to descend from the almighty whereas some called it Universal Law because of its application to each and every individual irrespective of any criteria while others called it moral and unwritten because it was supposed to justify the highest of moral and ethical values of human beings whereby it’s perpetual quest for moral and ethical justness could be Quenched while being in an unwritten form. However, the most noteworthy would be the “law of reason” because Natural law is nothing but the dictate of human reasoning.

In the Ancient Period, the time had two Greek thinkers which contributed a major portion in this field of natural justice the said were namely; Sophists and Socrates whereby they believed that this law was created by human will which was detached from any metaphysics.

Sophists believed that natural law was of divine origin and different from manmade law and held natural law to be at a higher stature as compared to manmade law.

Callicles compares natural law with the right of a “strong person” justifying his stance on the grounds that inequality amongst individuals is natural and it is man that is trying to bring equality although naturally, the stronger would prevail over the weaker.

Heraclitus  compared law with rhythm and stated, as there are visible differences in the rhythm varying over the circumstances and nature, the law can also vary from time to time and surrounding by surrounding; there is no hard and fat rule that thing will apply to everyone rather it will vary over the potential and strength of the same.

Socrates- He connected the law of nature to a reasonable mind whereby he argued that law is the product of correct human reasoning. He further advocated that since virtue is a knowledge of god, hence law must be obeyed, but if it went against virtue then it should not be obeyed.

Plato- His theory is largely based on that of Socrates whereby he justifies class system based on the differing individual capacity. His theory was based on natural prevalence of inequality. According to him there should be division of class dependent on their strength (division into Gold, Silver, Copper and Iron where the upper two were the elites who weren’t supposed to enjoy a private life and not have property, and the other two were the working class). In his book “Republican” he says Justice should be administered without law since manmade law is “abstract” and hence cannot be applied to human beings.

Aristotle- He puts forward two specific points, that man is a part of nature and that he/she is capable of forming a will. His thinking was based on deep and pragmatic understanding of human nature (since he was a disciple of Plato). What he concluded was that law which came into force as a work of man’s reason, that law should be upheld as natural law since man’s reasoning was an eternal part of nature. He further added that labour was permitted since slaves should accept their natural role.

Romans

Roman Stoics believed that the men are endowed with reason, irrespective of nationality and race. They believed that each person was special due to their endowment of reason.

Jus civile: These were the set of rules and principles designed for the citizens of Rome specifically

Jus gentium: These were the set of rules and principles designed for everyone all races, castes, nationalities, these set of regulations were not limited to Romans. (common principles of laws)

Jus naturelle: Both of the above were obligated to adhere the fundamentals present u/ this, Jus naturelle was based on fundamental idea of good, right and wrong.


- Rajat Nischal

Symbiosis Law School.  

 

 


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