Revival of Natural Law.pptx

After World war II, towards the end of the 19th century, the 'natural law' theories were revived due to many reasons, which are discussed in the following slides.

1. Revival of Natural Law - Susant Parajuli JURISPRUDENCE

2. What is Natural Law ? The School of law that believes that law comes from reason, morality or divine power is the natural school of law. Natural School of Law does not believes in the political jurisdiction of the state. It is also called divine law. All Jurist have agreed upon the fact, that natural law is derived from nature or divine power not from human. It is known as unwritten law. Sometimes, it is derived from eternal cosmic order, sometime theology philosophy, sometime natural requirement of life and values or reasons.

3. Revival of Natural Law After, the development of science and technology. Many Jurist and People started questioning the natural law and its sources and did not accepted it as the valid source of law. But after 1945 AD, Natural Law came back which is known as the revival of natural law. It became the basis for Sociological School of Law. There are various reason for the revival of natural school of law.

4. Reasons behind the revival of natural law The desire to re-establish the relationship between law and morality. The dissatisfaction against the command theory. The development of natural thoughts and theories. The desire of human rights after World W ar II. The positive school failed to solve social problems.

5. Philosophers of Natural Law There are a lot of philosophers of the Natural School of Law. From Plato to Aristotle, who is considered to be the founding father of natural law school. Socrates, Heraclitus, Zeno, Cicero etc. We will discuss only about three main jurist who have contributed for the revival of   natural law. Rudolf Stammler (1856-1938) Lon L. Fuller (1902-1978) John Finnis (1940-

6. Rudolf Stammler (1856-1938) Stammler  was an influential German philosopher of law. He distinguished the purely formal concept of law from the ideal, the realization of justice. In the later part of the 19th century the state was guiding Germany through rapid industrialization, which was creating new social problems . Stammler became a leading thinker in European jurisprudence. H e claimed that law plays a central role in shaping the economy, in contrast with the Marxist view that the laws evolve naturally to support a given economic system.

7. Lon L. Fuller (1902-1978) Lon Luvois Fuller  was an American legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory. Fuller sees laws as a way of achieving social order by regulating human behavior through laws. He believes that our legal systems are derived from the norms of justice which have a moral aspect. He argues that for a law to be valid, it must conform to a certain moral function test .

8. John Mitchell Finnis (1940- John Mitchell Finnis is an Australian legal philosopher, jurist and scholar specializing in jurisprudence and the philosophy of law. He is currently the Biolchini Family Professor of Law at Notre Dame Law School . Finnis discusses law, with reference to natural law and natural rights, and practical reason. He also proposes a list of basic human goods, including practical reflection, life, knowledge, play, aesthetic experience, sociability (friendship), practical reasonableness, and religion . He defines law as “primarily the rules made by regulative legal rules by an effective authority for a complete community.” He has a very different perspective about natural law. He considers natural law neither in the relation to human nature or metaphysics.

9. Modern Laws Relating to Natural Law The Article-20 (Right relating to Justice) of The Constitution of Nepal shows the relationship modern law and Natural Law. Polygamy is a criminal offence and it is guided by the morality of a human being. Section 175 of the Muluki Criminal Code Act, 2017,  clearly outlaws polygamy whereas Section 74 of the Muluki  Civil (Code) Act, 2017, says that a couple would be deemed married if their  physical relations result in child birth.   The Slaughtering of Cow and Consumptions of the meat is considered as a criminal offence which is derived form Hindu Religion.

10. Case Laws Relating to Natural Law Meera Dhungana V HMG Annapurna Rana v. Council of Ministers and Others

11. Thank You 