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Natural World school is one of the most important schools under the jurisprudence. The term natural law basically refers to the legal system which lay down in nature since the dawn of life on the earth.
Natural law does not require a “political superior” just like in the positive law. These rights which have been conferred under the natural law are known as Natural Rights which are protected by the god in himself.
Lord Lloyd defined natural law as a mere law of self preservation that restricts a man to behave in a certain way.
Principles of Natural Law School
The central philosophy of natural law school is situated in the concept of natural law. it means the law which is inherent loss but not man made it is derived from nature or a divine source directly. Supporters of this natural Law School assured that these principles are universally applied on all human beings of the year, societal and legal variations.
There are many terms which have been used interchangeably with natural law. These terms are moral law, divine law and law of God, under these there is a belief that these are the laws which originated from God himself. which means no person can steal these rights from anyone, because the provider of this right or not humans.
Natural Law:
In this subject natural means the law which comes from the Natural Sources rather than any legislation or any political source. This source is also known as divine source or Supreme source.
The classification of Natural law theory:
1. Ancient Period
Greece:
The very first time Greek philosophers developed the idea of natural law and laid down the basic features of this school. This is the time when Greece was facing great political instability and it was considered that law is made only to serve the interest of the strong people. On the other hand, some other us think in other ways to solve this as an opportunity to develop new Universal principles which would curb the tyranny and arbitrariness of the government.
Aristotle view on natural law:
His concept of natural law is different from Socrates' concept; Aristotle categorised the life of man in two parts. In the first part he says that man is a creation of God and in the second part he possesses the quality of reasoning by which anyone can develop his own will.
According to him it is the reason through which one can the future of principles of natural justice. Aristotle is considered the founding father of natural law school and gave this theory so that it could develop naturally.
Socrates view on Natural Law:
Socrates believes that if there is a natural physical law there is also natural law present. This concept of natural law man has on inside which makes him no of the things whether they are good or bad.
2. Medieval Period
Catholic philosophers and theology of the middle age give the new theory of natural Law School. Do they give this theory on the basis of theologically, but they departed from the orthodoxy of early Christian fathers.
Their views were more logical at Systematic. St. Thomas aquina’s theory is representation of the medieval philosophy. His views are also similar to Aristotle. He divided this theory into four fragment:
He stated that natural law is the part of dividend law; it is a part which reveals itself in natural reason. The spot is applied by human beings to govern the affairs in relation. This part is applied by him to cover the affairs of relations.
All the positive laws must conform to the law of scriptures. The Church is an authoritative interpreter of the law of scriptures at their food it has the order to give about the goodness of positive law also. He said that human law is valid only as far as it is what natural law or The Lost script of . How about even if it is adjusted then also a bad should be avoided. It is necessary to avoid bad things.
3. Renaissance Period
This period comes with great awakening and resurgence of modern ideas in all fields of knowledge. Exploration of new branches of knowledge and discoveries of science shattered the foundation of established values.
Rationalism became the creed of the age. New dimension of commerce created a new class in society which demanded more protection from the state. New theories supporting the sovereignty of the state were propounded.
All the above mentioned factors, together, created forces to overthrow the dominance of the Church. The “Natural Law” theories of this age proceeded from the supposition that a “Social Contract” is the basis of society.
4. Modern Period
In the 19th Century the Natural law School became unpopular. David Hume demolished the law of nature and said that all law is human convention. The new natural law theories have taken stock of the various approaches to law made during the past and present centuries.
The new jurists sought guidance from the contemporary theories in other branches of knowledge and presented it. Now Natural Law is relative and not abstract or unchangeable.
The new approach is concerned with practical problems and not with abstract ideas. Its attempt to harmonize the Natural law with the variability of human ideals and takes into account the new legal theories putting emphasis on society.
To distinguish this new approach of natural law from the old theories, the new theory is called “natural Law with variable content”.
Nineteenth Century: The Decline of Natural Law School Theories
The 19th Century there was a period when the natural Law School theory significantly declined. That was a reflection on the changes of the economic and political transformation in Europe which came during the 18th century. The reason behind such decline of this school is the advancement of the empirical method of study and behaviorism. That's why natural law theories have declined Because its source was said to be a divine entity.
Montesquieu and Hume criticized the main beliefs of natural law such as the element of reason is inherently present in all human beings. Austin and Bentham also harshly criticized the natural law theory by calling it “simple nonsense”.
The major changes in the political and economic conditions were a rejection of the social contract theory, by many historians it was dismissed and called it as a myth. The diminishing of natural law in the 19th century faced the shift in the intellectual model, where abstract and universal principles faced criticism in light of the complex realities of a rapidly changing world.
Revival
The revival of the natural Law School came up with a reaction to positive legal theory. The Revival Period of the school was started at the end of the 19th century. At that time it was realised that abstract thinking was not completely useless.
It is clearly found that positive law is not capable of solving the problems which have been emerging By the changes In the society. That's why natural law is revived to look after those new issues.
The ideology of fascism and the two world wars are also the reason for the revival of natural law school because in this there were millions of human casualties which violates the principle or rights of natural law. These principles of natural law help to attain peace around the world.