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The theory of natural law has stood strong throughout different epochs, serving various purposes in each and every one of them. With the rise of positivism and the empirical spirit of the period, natural law was not to be found during the 19th century through to the mid-20th century. However, it was proved that order and stability cannot be preserved without the assistance of natural law. The events and atrocities that occurred during the 20th century forced a re-emergence of natural law under the guise of human rights and sparked new debates and a sustained academic interest in natural law which still thrives till this very day
The theory of natural law has stood strong throughout different epochs, serving various purposes in each and every one of them. With the rise of positivism and the empirical spirit of the period, natural law was not to be found during the 19th century through to the mid-20th century. However, it was proved that order and stability cannot be preserved without the assistance of natural law. The events and atrocities that occurred during the 20th century forced a re-emergence of natural law under the guise of human rights and sparked new debates and a sustained academic interest in natural law which still thrives till this very day
The ‘Law’ like language and culture is a changing variable and it is shaped by social, associational, economic and political contexts. Due to its vividness and variable content, ‘Law’ has remained as one of the difficult concepts to define, yet there is no end to an unrelenting endeavour to provide the most fitting and acceptable definition of the law. In search of a comprehensive answer to the questions relating to meaning, source, subject, aspect and force of law, many jurists, since time immemorial, invested their energies and expertise in foregrounding various dimensions of law; it has led to many theories and schools of thoughts. Such theories may be classified into (i) Natural, (ii) Analytical, (iii) Historical, (iv) Philosophical (v) Sociological, and (vi) American realism. In this Module, our focus will be on Natural Law Theories. This paper is set out to serve three purposes–(i) to familiarize the reader with various interpretation of the natural law; (ii) to study (briefly) various theories on natural law starting from ancient Greek, so that the reader can appreciate the shift of natural law from ‘dictate of God’ to dictate of ‘right reason’; and (iii) to appraise the revival of natural law in the 19th and 20th century along with infusion of new dimensions by Brian Bix in the study of both natural law and legal positivism. The first part of the module will deal with the meaning of the natural law, the second deals with various theories and the last segments start with a revival of natural law and conclude with Brian Bix’s views on natural law.
The goal of this essay is to provide an account of the philosophy of law which establishes the moral and practical appeal of one legal theory, natural law theory, above another, legal positivism. It does not aim to definitively overturn legal positivism, to deny the value of that theory, or to establish natural law theory as the absolute paramount of legal theories. Its aim, rather, is to effectively argue that natural law theory provides a better means of achieving social happiness than legal positivism can. It is a systematic approach, rather than an historical one, although historical evidence is cited at various points. It locates the particular problems facing an account of the philosophy of law, and addresses those problems using practical reasoning. The essay consists of seven sections and a conclusion. Section one establishes the conceptual location of the philosophy of law, describes its methodology, and identifies the purpose and possible scope of that philosophy. Section two discusses the external parameters of law, focusing particularly upon the relation between law and morality as envisioned by legal positivism and natural law theory. Section three outlines the argument presented by Aristotle that natural law provides a concrete means of attaining happiness, thus providing a justification for participation in a political community as well as the adoption of natural law theory. Section four addresses the question of political obligation. Section five then provides an account of the necessary criteria of legal authority which makes that obligation binding. Section six proceeds to discuss the notion of human rights, while section seven considers the justification of punishment in the context of such rights. Finally, a conclusion is presented, which summarizes the main themes addressed and reaffirms why natural law theory is of greater moral and practical appeal.
The theory of natural law has stood strong throughout different epochs, serving various purposes in each and every one of them. With the rise of positivism and the empirical spirit of the period, natural law was not to be found during the 19th century through to the mid-20th century. However, it was proved that order and stability cannot be preserved without the assistance of natural law. The events and atrocities that occurred during the 20th century forced a re-emergence of natural law under the guise of human rights and sparked new debates and a sustained academic interest in natural law which still thrives till this very day
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