Short & Simple – Imagine that there are certain things that are always right or wrong, no matter where you are or what other people say. These things are called natural laws, and they are based on how people should behave in a way that is fair and makes sense. Natural laws are like a set of rules that are always there, even if they are not written down or if nobody is around to enforce them.

The natural law school of jurisprudence is a legal theory that emphasizes the existence of inherent principles of justice and fairness that are believed to be universal and applicable to all societies. It is based on the belief that the law is not simply a set of rules that are imposed by the state, but rather a reflection of the inherent moral and ethical values that are inherent in human nature.

The natural law school of jurisprudence has its roots in ancient Greek and Roman philosophy, and was developed and refined by philosophers such as Plato, Aristotle, and Cicero. These philosophers argued that the law is not simply a tool that is used to maintain social order and enforce the will of the state, but rather a reflection of the inherent moral and ethical values that are inherent in human nature.

According to the natural law school of jurisprudence, the law is based on the inherent principles of justice and fairness that are believed to be universal and applicable to all societies. These principles are believed to be objective and independent of the state, and are considered to be the foundation of the legal system. The natural law school holds that the state has a moral and ethical obligation to uphold these principles, and that the courts should apply these principles in their interpretation and application of the law.

One of the key features of the natural law school of jurisprudence is its emphasis on the inherent moral and ethical values that are inherent in human nature. According to this school of thought, these values are the foundation of the legal system and are the basis for the principles of justice and fairness that are reflected in the law. The natural law school holds that these values are universal and applicable to all societies, and that they should be protected and promoted by the state and the legal system.

The natural law school of jurisprudence also emphasizes the role of the courts in interpreting and applying the law. According to this school of thought, the courts play a critical role in upholding the inherent principles of justice and fairness that are reflected in the law. The natural law school holds that the courts should be independent and impartial, and that they should base their decisions on the facts and the law, rather than on personal or political considerations.

The natural law school of jurisprudence has had a significant influence on the legal systems of many countries, and it continues to be an important influence on the way in which the law is interpreted and applied. It is often contrasted with other schools of jurisprudence, such as the analytical school, which emphasizes the importance of logical analysis and reasoning in the interpretation of the law, and the sociological school, which emphasizes the social and historical context in which the law operates.

Despite its widespread influence, the natural law school of jurisprudence has been subject to criticism from other legal scholars. Some argue that the emphasis on inherent moral and ethical values can lead to a narrow and rigid approach to the law, which may not adequately take into account the complexity and diversity of real-world legal problems. Others argue that the natural law school’s emphasis on the universality and objectivity of moral and ethical values may be overly idealistic and may not adequately address issues of diversity and cultural difference.

Despite these criticisms, the natural law school of jurisprudence remains an important and influential approach to the study and interpretation of the law. Its focus on the inherent moral and ethical values that are reflected in the law has contributed to the development of legal systems that are based on the principles of justice and fairness, and has helped to promote the rule of law and the protection of individual rights and liberties. As such, the natural law school of jurisprudence continues to be a vital and influential force in the legal systems of many countries around the world.

Following are some examples of natural law principles and how they might apply in different situations:

1. The principle of respect for life: This principle holds that all human beings have a basic right to life, and that it is wrong to intentionally take someone’s life without a good reason. For example, if a person is being attacked and is in danger of being killed, it would be justified for them to defend themselves using force, because their right to life is being threatened.
2. The principle of equality: This principle holds that all human beings are equal and should be treated as such, regardless of their race, gender, religion, or other factors. For example, if a school has a rule that only boys are allowed to play on the soccer team, this would be unfair and would violate the principle of equality.
3. The principle of fairness: This principle holds that people should be treated fairly and should be given an equal opportunity to succeed. For example, if a teacher is grading a test, they should not give one student a higher grade just because they are friends with that student, because that would be unfair to the other students who took the test.

There are several landmark judgments in India that are based on the principles of the natural law school of jurisprudence. Some examples of such cases are:

1. Keshavananda Bharti v. State of Kerala (1973): This case, which was heard by the Supreme Court of India, involved a challenge to the constitutionality of certain amendments to the Constitution of India. The Court held that the Constitution is a living document that embodies the principles of the natural law, and that these principles are the basic structure of the Constitution. The Court also held that the principles of the natural law are the foundation of the legal system, and that the state has a moral and ethical obligation to uphold these principles.
2. Maneka Gandhi v. Union of India (1978): This case, which was also heard by the Supreme Court of India, involved a challenge to the constitutionality of certain provisions of the Passport Act, 1967. The Court held that the right to travel is a fundamental right that is protected by the Constitution, and that the state has a moral and ethical obligation to respect and protect this right. The Court also held that the principles of the natural law, including the principle of human dignity, are the foundation of the legal system, and that the state has a moral and ethical obligation to uphold these principles.
3. Mohini Jain v. State of Karnataka (1992): This case, which was also heard by the Supreme Court of India, involved a challenge to the constitutionality of certain provisions of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984. The Court held that the right to education is a fundamental right that is protected by the Constitution, and that the state has a moral and ethical obligation to respect and protect this right. The Court also held that the principles of the natural law, including the principle of equality, are the foundation of the legal system, and that the state has a moral and ethical obligation to uphold these principles.

There have been many philosophers and legal scholars who have been proponents of natural law throughout history. Some of the most notable figures in the natural law tradition include the ancient Greek philosophers Plato and Aristotle, the Roman jurist Cicero, the Catholic theologian Thomas Aquinas, and the Enlightenment philosopher John Locke.

Following are the views of the key legal theorists on natural law theory in the modern era:

Rudolf Stammler

Rudolf Stammler was a German legal theorist and philosopher who was a proponent of the natural law tradition. Stammler’s views on natural law were influenced by the German legal philosopher Georg Wilhelm Friedrich Hegel, as well as by the utilitarianism of English philosopher John Stuart Mill.

Stammler argued that natural law principles were based on the inherent moral values that are present in human nature. According to Stammler, these principles could be discovered through the use of reason, and they provided a rational and objective basis for law and morality.

Stammler believed that the principles of natural law were universal and applied to all people, regardless of their culture or historical context. He also believed that natural law provided a more stable and consistent basis for law than the arbitrary laws of a given society.

Overall, Stammler’s views on natural law were similar to those of other proponents of the natural law tradition, with a focus on the inherent moral values present in human nature and the use of reason to discover these values.

John Finnis

John Finnis is a contemporary legal scholar and philosopher who is a proponent of natural law theory. In his writings, Finnis has argued that natural law provides a more objective and rational basis for law and morality than the arbitrary laws of a given society.

Finnis’s views on natural law are similar to those of other proponents of the natural law tradition. He believes that natural law principles are based on inherent moral values that are present in human nature, and that these principles can be discovered through the use of reason.

According to Finnis, natural law principles are universal and apply to all people, regardless of their culture or historical context. He also believes that natural law provides a more stable and consistent basis for law than the arbitrary laws of a given society.

In addition, Finnis has argued that natural law principles are not limited to the realm of morality, but can also be applied to the fields of politics and economics. He has emphasized the importance of natural law principles in promoting the common good and protecting the rights of individuals.

Overall, Finnis’s views on natural law are similar to those of other proponents of the natural law tradition, with a focus on the inherent moral values present in human nature and the use of reason to discover these values.

Robert P. George

Robert P. George is a contemporary legal scholar and philosopher who is a proponent of natural law theory. In his writings, George has argued that natural law provides a more objective and rational basis for law and morality than the arbitrary laws of a given society.

George’s views on natural law are similar to those of other proponents of the natural law tradition. He believes that natural law principles are based on inherent moral values that are present in human nature, and that these principles can be discovered through the use of reason.

According to George, natural law principles are universal and apply to all people, regardless of their culture or historical context. He also believes that natural law provides a more stable and consistent basis for law than the arbitrary laws of a given society.

In addition, George has argued that natural law principles are not limited to the realm of morality, but can also be applied to the fields of politics and economics. He has emphasized the importance of natural law principles in promoting the common good and protecting the rights of individuals.

Overall, George’s views on natural law are similar to those of other proponents of the natural law tradition, with a focus on the inherent moral values present in human nature and the use of reason to discover these values.

Germain Grisez

Germain Grisez was a contemporary legal scholar and philosopher who was a proponent of natural law theory. In his writings, Grisez argued that natural law provides a more objective and rational basis for law and morality than the arbitrary laws of a given society.

Grisez’s views on natural law were similar to those of other proponents of the natural law tradition. He believed that natural law principles were based on inherent moral values that are present in human nature, and that these principles could be discovered through the use of reason.

According to Grisez, natural law principles were universal and applied to all people, regardless of their culture or historical context. He also believed that natural law provided a more stable and consistent basis for law than the arbitrary laws of a given society.

Grisez also argued that natural law principles were not limited to the realm of morality, but could also be applied to the fields of politics and economics. He emphasized the importance of natural law principles in promoting the common good and protecting the rights of individuals.

Overall, Grisez’s views on natural law were similar to those of other proponents of the natural law tradition, with a focus on the inherent moral values present in human nature and the use of reason to discover these values.

Natural laws are based on the idea that there are certain moral principles that are inherent in human nature and that should guide our behavior. Natural law theories have been influential in the development of legal systems throughout history, and continue to play a significant role in contemporary debates about the nature of law and morality. Many legal systems, including the common law system used in the United States and the United Kingdom, are based on the principles of natural law.