Natural Law School Theories
Natural Law School is one of the oldest and most influential schools of legal philosophy. It holds that law is based on what is "natural," inherent, and universally valid — usually tied to morality, reason, or divine principles.
Here’s a breakdown of the main theories within the Natural Law School, along with key thinkers:
🔹 1. Classical Natural Law Theory (Ancient & Medieval)
a. Socrates, Plato, Aristotle
Key Idea: There exists a higher moral law based on reason and virtue.
Example: Aristotle believed law should promote human flourishing (the "good life").
b. Cicero (Roman Thinker)
Law is right reason in agreement with nature.
Believed that natural law is universal and eternal.
c. St. Thomas Aquinas (1225–1274)
Major figure in medieval natural law theory.
Integrated Christian theology with Aristotelian philosophy.
Four kinds of law:
Eternal Law (God's will)
Divine Law (revealed in scriptures)
Natural Law (reason-based, accessible to all)
Human Law (laws made by humans, must align with natural law)
🔹 2. Modern Natural Law Theory (Renaissance & Enlightenment)
a. Hugo Grotius (1583–1645)
Father of modern natural law.
Believed natural law would exist even if God didn’t.
Focused on natural rights and international law.
b. John Locke (1632–1704)
Natural law = life, liberty, and property.
Basis for liberal democracy and social contract theory.
People form governments to protect these natural rights.
c. Jean-Jacques Rousseau (1712–1778)
Believed in the "general will" of the people.
Natural law is tied to individual freedom and collective morality.
🔹 3. Contemporary Natural Law Theory
a. Lon L. Fuller (1902–1978)
Famous for "The Morality of Law".
Argued that law must meet certain procedural standards to be valid (clarity, consistency, etc.).
Law has an "internal morality".
b. John Finnis (b. 1940)
Developed a modern, secular version of natural law.
Emphasized "basic human goods" (e.g., life, knowledge, play, friendship).
Law should help people pursue these goods.
🔸 Key Features of Natural Law Theory:
| Feature | Description |
|---|---|
| Universal | Applies to all humans regardless of culture or laws. |
| Moral Foundation | Based on what is morally right and just. |
| Rational | Can be discovered through human reason. |
| Higher than Human Law | If a man-made law contradicts natural law, it may be considered unjust. |
🔻 Criticism of Natural Law:
Too abstract and moralistic.
Hard to determine what is "natural" or "universal".
Critics (like legal positivists) argue that law should be studied as it is, not as it ought to be.
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