Philosophical school - Lecture - Law, Lecture notes of Labour Law

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Philosophical / Natural

School of Jurisprudence

Five Essential Characteristics of

Philosophical / Natural School

of Jurisprudence

1. What is the element which is called law?

2. What is the nature of the law?

3. What makes law obligatory?

4. What is the source of law?

5. What are their philosophical views?

Philosophical / Natural School

6. No particular choice for any form of law: (i) Nature (ii) Reason (iii) Religion
7. Hold diverse philosophical views.
8. Concepts like Natural law, Natural rights, Fundamental rights, Rule of law are the examples which aspire for a legal order higher than positive law.

Natural Law

1. Has flexible meaning.
2. It meant different and often contradictory things in the course of legal history.
3. On the whole natural law has been used as an ethical justification - as the ideal source of law.
4. Natural law as conceived by its exponents is that law which is inherent in the: Man Nature of: Society and is independent of conventions or legislations or other institutional device.

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5. The Principle of Human conduct from basic human nature are: Absolute Immutable Universal
6. Natural law has been used as a Weapon and as a Shield to change or maintain status quo.
7. In India philosophy of natural law is enshrined in the Preamble, Parts III and IV of the Constitution which pertains to the promotion of material welfare of the common man.

Natural Law:

8. The concept of Rule of law in England, the Due Process of law in U.S.A. and the Procedure Established by law in India embody juristic traditions of Natural Law and philosophy wherein a sovereign must act under law in the administration of justice.
9. This is in essence the Natural law thinking by which Positive law is subjective to moral order.

ORIGIN OF NATURAL LAW GREEK PERIOD:

So, Greek philosophical speculation about

justice, ethics became the bases of ancient

jurisprudence, for example - to live

according to Nature, was the end of man,

that to the dictates of an eternal and

unchanging law of nature. All human

actions should be confirmed - chief doctrine

was “Jus Naturale”

ROMAN PERIOD Romans used Natural law as an instrument of legal development and reform, based on ideal universal principles of Right - reason. CHERISTIAN PERIOD Natural law was identified with God and Law of Nature with Law of God. Natural Law therefore, was considered as will of God, Reveal to man by holly scriptures. Thus, Natural law came to be related with Church, God and Religion.