Natural law can be quite daunting to understand if one does not learn about jurisprudence. Therefore, let’s not directly head dive into natural law. We shall begin with developing a rather strong base on what jurisprudence is.
Jurisprudence refers to the study of Law. The word ‘jurisprudence’ is a Latin phrase “juris prudential” which means ‘knowledge of the law‘. Moreover, it refers to the law that helps us in understanding, creating, application and enforcement of the law.
In other words, jurisprudence refers to the theories and philosophies of law. Upon a clear understanding of the theories and philosophies, it becomes easier to understand our law.
There are 2 broad sub-categories of jurisprudence. However, the first sub-category is analytic jurisprudence. This area emphasizes the meanings, uses and application of legal concepts, such as, ‘what is law?’.
Further, the second sub-category is normative jurisprudence. This area focuses on the moral basis of law, such as, ‘what is the purpose of the law?’
To know more about jurisprudence, click here.
Moreover, the 5 basic schools of jurisprudence are as follows:
- Historical School
- Natural School or Philosophical School
- Sociological School
- Realist School
- Analytical School
Browse more Topics under Jurisprudence
- Meaning of term Jurisprudence
- Norms and Normative system
- Schools of Jurisprudence – Analytical Positivism
- Schools of Jurisprudence – Historical School
- Schools of Jurisprudence – Sociological school
- Schools of Jurisprudence – PIL
- Schools of Jurisprudence – Concept of Dharma
- Purpose of Law – Justice
- Purpose of Law – Meaning and Kinds
- Purpose of Law – Justice and Law approaches of different school
- Purpose of Law – Power of Supreme Court in case of Article 147
- Purpose of Law – Critical studies
- Purpose of Law – Feminist Jurisprudence
- Sources of Law – Legislation
- Sources of Law – Concept of Stare Decisis
- Sources of Law – Customs
- Sources of Law – Juristic Writings
- Sources of Law – Agreements
- Legal Rights – Rights kinds
- Legal Rights – Right duty Correlation
- Persons – Nature of Personality
- Status of Unborn, Minor, Lunatic drunk and dead person
- Corporate Personailty
- Persons – Dimensions of modern legal personality
- Legal personality of Non Human beings
- Kind of Possesions
- Kinds of Ownership
- Difference between Possesions and Ownership
Natural Law – Introduction
Natural law is a rather broad and a very misapplied term which has been misused by various
- schools of philosophy
- theology schools
- schools of history
- schools of science
- law schools across the globe.
Natural law is the moral theory of jurisprudence and often states that laws should be on the basis of ethics and morals. This law also states that law should focus on what is ‘correct’.
In addition, natural law was found by humans on their disposition of reasoning and choosing between good and bad. Hence, it is said that this law plays a significant role in establishing moral and ethical standards.
Natural law is a philosophy of law that focuses on the laws of nature.
Moreover, this school of jurisprudence represents the belief that there are laws common to all societies. This is irrespective of whether they are written down or can officially enact.
This school of thought tells us that law is both – rational and reasonable. Moreover, natural law proposes that laws are more of a logical progression from morals. Therefore, actions that are morally wrong will be against the law. But also, actions that are morally right can’t truly and justly be against the law. Natural law exists regardless of what laws are enacted.
Evolution, Growth, and Decline of the Natural Law
The content and purpose of this law have constant variation from time to time depending on its usage and functions. The functions and purpose of its usage along with the needs of the time and circumstances play a crucial role. Therefore, the evolution and growth of natural law have been through variation over a period of time.
- Ancient Period (Stage 1)
- Medieval Period (Stage 2)
- Renaissance Period (Stage 3)
- Modern Period (Stage 4)
Solved Questions on Natural Law
Q. Is jurisprudence is the study of natural law and natural law is the study of philosophy? Justify.
No, jurisprudence is the study of the philosophy of law. It studies various aspects of law before executing a decision. However, natural law is the study of a human’s disposition. Human’s disposition on what is right and what is wrong. This law plays a vital role in keeping the laws of nature intact and close to the deicison making process.