Natural Law Theory

In making an attempt to garner an understanding of the character of law, early legal philosophers and lecturers formulated what has come back to be called the natural law theory, and has become a literal cornerstone of the development of contemporary legal thinking.  Though somewhat limited in fashionable jurisprudential thinking, natural law has had an incredible impact on our understanding of what law suggests that in society as a baseline from which to create a lot of advanced theories.  In this text, we can observe a number of the major propositions underpinning the concept of natural law, and the corresponding strengths and weaknesses of this fundamental interpretation of the legal function.

Natural law starts with the fundamental premise {that the} law is driven by morality, and consequently is suffering from it.  With a history extending back to Aristotle and different early philosophers, the natural law theory has traditionally linked the law with religion and an innate sense of justice, rather than the additional pragmatic approaches of some other theories.  Though this would possibly sound rather basic, the principals are developed and refined through academic debate for hundreds of years ultimately leading to a way more refined theory of the nature of law.  The idea that all law is subject to an unwritten code of morality is prime to natural law.  This also presents some potential issues in terms of civil regulation.  Sure natural law theorists recommend that for a law to be binding on the citizen, it should conform to the present sense of natural justice.  However, there is clearly no definitive objective concept of morality, which casts doubt over this principle.  Additionally, the prospect {that a} law could be disregarded in favour of some higher sense of morality doesn’t conform essentially, considering the potential implications of consistently disregarding law on the grounds of the subjective concept of justice. 

Furthermore on this primitive understanding of natural law, the citizen in contravention to the laws of his state, may try to make a case for his actions through a justification of ‘immoral’ laws.  This could also create a state of disorder, given the natural variation of private opinions, which would ultimately render society unworkable.  Because of this, the natural law scheme has failed to garner trendy tutorial acceptance, of course with a few exceptions.

Natural law has been proposed as a consideration in making an attempt war criminals, on the idea of the retrospectivity principle, i.e. no man can be tried for a crime that was not against the law when he committed it.  Several war criminals are simply cogs within the machine of a legal regime, that ultimately permits their actions, but unjustifiable morally.  Natural law theories provide a basis for challenge on these grounds, whilst avoiding the awkward question of direct legal contravention, that ultimately works to serve justice.  In this sense, it is perhaps useful as a canon of interpretation and in determining just and equitable outcomes in ‘difficult’ cases.  But, as a wider legal concept, natural law and also the proposed intersection between law and morality seems too awkward to reconcile with thought-about tutorial legal understandings.  Having said that, natural law has provided an wonderful beginning position for any advanced argumentation, and has provided a platform for critique that has been essential to the development of the additional subtle concepts held in regard in this contemporary day.

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