Natural Law School Theories

Natural law school delves into the profound idea that there exist fundamental principles of justice and morality inherent in the fabric of nature itself.

Rooted in the belief that these principles transcend cultural boundaries, the natural law perspective contends that they form a universal basis for human conduct and, consequently, the laws that govern societies.

What is Natural Law School?

Natural Law School is a philosophical and jurisprudential framework centred on the belief in inherent, universal principles governing human conduct. Rooted in the idea that these principles derive from nature, reason and often a divine source, proponents argue for a connection between morality and law.

This school of jurisprudence asserts that laws should be rational extensions of moral principles, with actions considered morally wrong deemed unlawful. Key sources of natural law include God, nature and human reason.

Despite facing criticisms, including cultural relativism and challenges in practical application, the Natural Law School has played a significant historical role in shaping legal thought and continues to influence discussions on the interplay between ethics and jurisprudence.

Principles of Natural Law School

Central to the philosophy of Natural Law School is the concept of inherent laws that are not man-made but rather derived from nature, reason and often, a divine source. Advocates of natural law assert that these principles are universal, applying universally to all human beings irrespective of societal or legal variations. The terms “moral law,” “divine law,” and “law of God” are used interchangeably to underscore the belief that these laws emanate from a transcendent origin.

Reason as a Guiding Light

Reason occupies a paramount role in the Natural Law School philosophy. Human beings, as rational creatures, are deemed capable of discerning these fundamental laws through reason. The rational nature of humanity becomes the bedrock upon which the understanding and adherence to natural law rest. Through reasoned contemplation, individuals are expected to recognise and uphold these inherent moral principles.

The Relationship Between Morality and Law

Natural Law School proposes an intimate connection between morality and the legal system. The assertion is that laws should be rational and reasonable, mirroring a logical extension of moral principles. If an action is deemed morally wrong, it should, by extension, be prohibited by law. The interplay between morality and law is seen as symbiotic, with morality providing the foundational principles upon which legal systems are constructed.

Sources of Natural Law

God:

Proponents of Natural Law School often attribute its ultimate source to a divine entity or God. The moral principles embedded in natural law are considered reflections of a higher, transcendent order.

Nature:

Nature is perceived as a guiding force, providing insights into fundamental laws. Observing the natural order is believed to offer clarity on what is morally right and just.

Reason:

Human reason is celebrated as a powerful tool for comprehending and deducing natural law principles. Through rational thinking, individuals are expected to recognise the inherent moral order and derive legal principles from it.

Division of Natural Law School

Theories of Natural Law School can be broadly divided into four classes:

• Ancient theories
• Medieval theories
• Renaissance theories
• Modern theories

Ancient Theories of Natural Law School

Greece

In an era marked by political turmoil in Greece, the concept of natural law took root, challenging the prevailing notion that law served only the interests of the powerful. Amidst this instability, some visionary jurists sought to establish universal principles capable of curbing tyranny and arbitrary governance.

Socrates’ Perspective:

Socrates, a pivotal figure in natural law philosophy, asserted the existence of a moral insight within humans. According to him, this innate understanding enables individuals to discern between right and wrong. For Socrates, the foundation of law rested upon human insight, a concept intended to foster peace and stability in a tumultuous time.

Aristotle’s Contribution:

Aristotle, often regarded as the progenitor of the natural law school, presented a distinctive viewpoint. Dividing human life into two facets — a creation of God and possessing the quality of reason — Aristotle argued that through reason, individuals could uncover the principles of natural justice. His contribution laid a robust groundwork for the organic development of natural law.

Rome

In the Roman context, Stoics drew inspiration from Aristotle but refined the Natural Law School theory, infusing it with ethical considerations. According to Stoics, the world operates on reason and when individuals live in harmony with reason, they live naturally. Committed to the idea that the law of nature binds everyone, Stoics asserted that positive law must align with natural law.

Stoics’ Impact:

The Stoic theory wielded substantial influence during the republican period, prompting jurists to give increased attention to natural law. This shift helped Romans transition from a rigid lifestyle to a more cosmopolitan one. Notably, Roman courts occasionally applied natural law principles, especially in cases involving foreign individuals, contributing significantly to the evolution of Roman law.

In summary, the ancient theories of the Natural Law School, championed by thinkers like Socrates, Aristotle and the Stoics, not only addressed the challenges of their respective times but also laid enduring foundations for the interplay between morality and legal principles.

Medieval Period/Middle Ages of Natural Law School

During the medieval period, Catholic philosophers and logicians emerged as torchbearers of a renewed theory of Natural Law, departing from the earlier orthodoxy of the early Christian fathers. This era witnessed a logical and systematic reconstruction of Natural Law, providing it with a new intellectual foundation.

Key Figures of the Medieval Period

Augustine (354-430 A.D)

Augustine, a prominent figure of the medieval period, underscored the integral connection between justice and the stability of states. In his seminal work, “De Civitate Dei” (The City of God), he provocatively questioned the very essence of states devoid of justice, likening them to enlarged hands of robbers. Augustine positioned natural law as an essential component of the Christian foundation, tracing its origins to the Old Testament and the early church fathers.

Thomas Aquinas (1226-1274)

A towering intellect of the medieval period, Thomas Aquinas significantly contributed to the development of Natural Law School theory. He posited that unjust laws warrant no obedience, emphasising that individuals discern natural law through the application of reason and the study of divine scriptures. Aquinas further delineated a four-fold classification of laws:

• Law of God or External Law: Derived from divine sources.
• Law of Nature: Discerned through observation of the natural world.
• Human Law (Positive Law): Man-made laws that govern societies.
• Law of Divine or the Law of Scripture: Laws revealed through religious scriptures.

Aquinas’s approach synthesised reason and revelation, creating a framework that harmonised faith and intellect.

Legacy and Impact

The medieval period’s articulation of natural law by figures like Augustine and Aquinas laid the groundwork for a more logical and systematic understanding. Their departure from earlier Christian orthodoxy marked a shift towards a nuanced, reasoned exploration of the relationship between law, justice and divine revelation.

The four-fold classification by Aquinas provided a comprehensive framework that resonated through subsequent centuries, influencing both philosophical and legal thought. The medieval period thus stands as a pivotal juncture where natural law underwent a renaissance, paving the way for its continued evolution in subsequent epochs.

Renaissance Theories of Natural Law School

The Renaissance period, marked by a seismic shift in knowledge and societal values, witnessed the emergence of groundbreaking ideas and the shattering of traditional foundations. Scientific discoveries challenged established norms and developments in commerce birthed new classes, fostering the rise of nationalism. This era catalysed the decline of church dominance, paving the way for theories supporting state sovereignty. Central to this intellectual revolution were the natural law theories, grounded in the belief that a social contract underpinned society’s fabric.

Theories of Social Contract

Social contract theories, fundamental to understanding Natural Law School during the Renaissance, presupposed a state of nature. Key philosophers shaping this discourse included Thomas Hobbes, John Locke and Rousseau.

Thomas Hobbes

Hobbes envisioned a chaotic state of nature characterised by fear and selfishness, describing it as solitary, nasty, brutish and short. To escape this condition, individuals, driven by a natural desire for security, entered a contract surrendering rights to a sovereign authority. Hobbes advocated for absolutism, asserting that the sovereign’s authority ensures stability and security.

John Locke

In contrast, Locke’s state of nature was a golden age for man. With a focus on individualism, Locke saw natural law as empowering individuals more than the sovereign. Locke’s social contract aimed at protecting property, with individuals surrendering only a part of their rights for order and law enforcement. He championed individual liberty, asserting that the sovereign’s powers are not unlimited and individuals have the right to protest or overthrow a government unable to protect their rights.

Rousseau

Rousseau brought a new perspective, considering the social contract a hypothetical construction of reason. In his vision, the state of nature was a harmonious existence marked by equality. Rousseau’s social contract involved surrendering rights to the community, guided by the general will. Emphasising the duty to obey the general will, Rousseau’s natural law theory prioritised community interests over individual concerns, standing for equality and freedom.

Legacy and Impact

The natural law theories of Hobbes, Locke and Rousseau during the Renaissance not only reflected the intellectual dynamism of the period but also laid foundational principles that influenced political thought for centuries.

These theories questioned the nature of governance, the relationship between individuals and the state and the balance between individual rights and societal order. The Renaissance, with its diverse array of natural law perspectives, remains a pivotal era in the evolution of political philosophy and the exploration of the social contract.

Modern Theories of Natural Law School

Nineteenth Century: The Decline of Natural Law School Theories

The 19th century marked a significant decline in the prominence of natural law theories. Reflecting the economic and political transformations in Europe, the prevailing spirit of the eighteenth-century thought—reason and rationalism—shifted. The challenges posed by the evolving landscape demanded concrete solutions, leading to a departure from individualism towards a more collectivistic outlook.

The great economic and political changes prompted a rejection of the social contract theory, with many historians dismissing it as a myth. Modern sciences and political theories asserted that there were no absolute and unchangeable principles, dealing a substantial blow to the foundations of natural law. The decline of natural law in the 19th century mirrored the shift in intellectual paradigms, where abstract and universal principles faced scepticism in light of the complex realities of a rapidly changing world.

Twentieth Century: The Revival of Natural Law School Theories

However, the end of the 19th century witnessed a surprising revival of natural law theories, driven by various factors that countered the prevailing tide.

Reaction Against Legal Positivism:

The revival emerged as a reaction against legal theories that had overstated the importance of positive law. Scholars and thinkers began to question the adequacy of a legal framework solely grounded in positive law, recognising the need for broader, natural law principles.

The Realisation of Abstract Thinking’s Relevance:

It became apparent that abstract thinking was not entirely futile. The complexities of the changing social conditions necessitated a return to foundational principles that transcended the positivist approach.

Failure of Positivist Theories:

Positivist theories, while influential, failed to provide effective solutions to the challenges posed by the evolving social landscape. As practical issues persisted, there was a renewed interest in natural law as a potential source of guidance.

Response to Ideologies of Fascism:

The turbulent period of the two world wars and the rise of fascist ideologies created an urgent need for a moral and ethical framework. The destruction of lives and property prompted a revisiting of natural law principles as a means to restore order, justice and peace.

The 20th century’s revival of natural law theories reflected a nuanced acknowledgment of the limitations of positivism and a recognition of the enduring relevance of foundational moral and legal principles in navigating the complex challenges of the modern world.

Criticisms of Natural Law School

Despite its historical significance, natural law school has not been without its critics. Some argue that the concept of what is “natural” or “rational” is subject to cultural relativism, undermining the universality of natural law principles.

Moreover, the application of abstract moral principles to specific legal rules can prove challenging, raising questions about the practicality of natural law in legal systems. In more secular societies, there are challenges to the reliance on divine or moral authority as a basis for law, with calls for a more neutral and inclusive legal foundation.

Conclusion

In conclusion, natural law school stands as a philosophical pillar, positing the existence of universal principles derived from nature, reason and often, a divine source. Its emphasis on the integration of morality into legal frameworks has shaped the development of legal systems throughout history. While subject to criticism, the enduring influence of natural law highlights its profound impact on the ongoing discourse surrounding the intersection of morality and law.