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natural law

  • This theory asserts that certain rights are inherently belonged to human beings and those are endowed by nature. Hence it is also called as Law of Nature, Divine Law, Law of God, etc.
  • It is not promulgated by legislation; it is an outcome of preaching of philosophers or prophets or saints and thus in a sense, it is considered as higher form of law. Natural Law has no formal written Code.
  • The content of 'Natural Law' has varied from time to time according to the purpose for which it has been used and the function it is required to perform to suit the needs of the time and circumstances. Therefore, the evolution and development of 'Natural Law' has been through various stages which may broadly be studied under the following heads:
  1. Ancient Period - Greek philosophy and Stoics
  2. Medieval Period - Christian Theology
  3. Renaissance Period/ Enlightenment - Social contract
  4. Modern period- Revival of Natural law

This school focused on 5 points

God's will (Divine element)

human reason - Law is a rational standard for conduct- what law says is necessarily rational, and what's not rational is not law

Social contact (law is to be in consonance with the state)

Use of reason and choosing between good and evil

Jus Gentium - Need for a collective law universally

Some of the most prominent examples of the sources of the natural law theories have emerged out of a) Greek Philosophy, b) Roman Law, c) Christian Theology and d) Social Contract Theories.

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