Natural Law Theory, the cornerstone of legal thinking today, was formulated by early legal philosophers as they tried to grasp the nature of law. Natural law influences how laws affect society by forming a base upon which more complex theories are built. The basis of the natural law concept and the way they’ve been interpreted have weak and strong point that will be explored here.
In this article, we will look at some of the major propositions underpinning the concept of natural law, and the corresponding strengths and weaknesses of this fundamental interpretation of the legal function.
The simple argument that mortality not only drives but affects natural law as a consequence is the first hypothesis to consider. While many theories take a much more practical view of the law, early philosophers such as Aristotle believed that religion, in addition to a deep-seated sense of right and wrong, were intrinsic aspects of natural law. The principles of natural law theory have evolved over centuries of heated debate by academics to a point where it is now much more multifaceted and complex than its seemingly simplistic beginnings would suggest. A basic premise of natural law is the belief that all laws must rest on an implied code of morality, of right and wrong.
A concept of justice would be impossible if laws were ignored because a sense of morality was unrealistic. Although this might sound rather basic, the principals have been developed and refined through academic debate for centuries ultimately leading to a far more sophisticated theory of the nature of law. The idea that all law is subject to an unwritten code of morality is fundamental to natural law. This also throws up some potential problems in terms of civil regulation.
Furthermore on this primitive understanding of natural law, the citizen in contravention to the laws of his state, could attempt to excuse his actions through a justification of ‘immoral’ laws. This would also create a state of disorder, given the natural variation of personal opinions, which would ultimately render society unworkable. For this reason, the natural law scheme has failed to garner modern academic acceptance, of course with a few exceptions.