JURISPRUDENCE
JURISPRUDENCE NATURAL LAW
INDEX
. Meaning of natural law.
. Theories of natural law :-> Ancient theories
1- Socrates
2- Aristotle
3- Stoics
4- Dark age :-> Medieval theories
1- Acquinas :-> Renaissance theories
1- Social contract theory
2- Hobbes
3- Rousseau :-> Modern theories
1- Hart
2- Finnis
. Conclusion
. Meaning of natural law. In jurisprudence, the term Natural Law means those rules and principles which are considered to have emanated from some supreme source (other than any political or worldly authority).
Many jurists came and gave their different theories. As per different theories no single meaning can be derived as some say they have derived from God, some say they are derived from nature and some say that they are product of reasons .Therefore these rules have been given different names by different jurists (on the basis of their sources) such as “Divine Law”, “Moral Law”, “Law of Nature” , or “Natural Law”, “Universal Law”, “Law of God” , “Unwritten Law” and so on. It has been appeal to absolute justice, authority and rules higher than positive law.
. Theories of natural law.
:-> Ancient theory
1: Socrates -> He said that like physical law there is a natural law. Man possesses insight and this insight reveals to him the goodness and badness of things and makes him know the absolute and moral eternal rules. This human insight is the basis to judge the law.
2: Aristotle -> According to him, man is a part of nature in two ways; first, he is the part of the creature of the God, and, second, he possesses active eternal principle of justice. The man’s reason being a part of the nature, the law discovered by reason is called “Natural Justice”. He defined “natural justice” as “that which everywhere has the same force and does not exit by the people thinking this or that”. So far as its relation with positive law or legal justice is concerned , he said that “
INDEX
. Meaning of natural law.
. Theories of natural law :-> Ancient theories
1- Socrates
2- Aristotle
3- Stoics
4- Dark age :-> Medieval theories
1- Acquinas :-> Renaissance theories
1- Social contract theory
2- Hobbes
3- Rousseau :-> Modern theories
1- Hart
2- Finnis
. Conclusion
. Meaning of natural law. In jurisprudence, the term Natural Law means those rules and principles which are considered to have emanated from some supreme source (other than any political or worldly authority).
Many jurists came and gave their different theories. As per different theories no single meaning can be derived as some say they have derived from God, some say they are derived from nature and some say that they are product of reasons .Therefore these rules have been given different names by different jurists (on the basis of their sources) such as “Divine Law”, “Moral Law”, “Law of Nature” , or “Natural Law”, “Universal Law”, “Law of God” , “Unwritten Law” and so on. It has been appeal to absolute justice, authority and rules higher than positive law.
. Theories of natural law.
:-> Ancient theory
1: Socrates -> He said that like physical law there is a natural law. Man possesses insight and this insight reveals to him the goodness and badness of things and makes him know the absolute and moral eternal rules. This human insight is the basis to judge the law.
2: Aristotle -> According to him, man is a part of nature in two ways; first, he is the part of the creature of the God, and, second, he possesses active eternal principle of justice. The man’s reason being a part of the nature, the law discovered by reason is called “Natural Justice”. He defined “natural justice” as “that which everywhere has the same force and does not exit by the people thinking this or that”. So far as its relation with positive law or legal justice is concerned , he said that “