Natural Law Theory
Exam Snapshot
Natural law is a fundamental jurisprudence concept. Expect MCQs on its core tenets, key proponents, its hierarchy of laws, and famous maxims like lex iniusta non est lex. Distinguish it from legal positivism.
Core Concept
Natural law posits that valid law originates from reason, morality, and a universal, higher order, not just human-made enactments. These principles are universal, eternal, and discoverable through human reason, serving as the moral standard against which positive (state-made) law is judged. An unjust law, from this perspective, is considered no law at all.
Nepal Law Anchors
- Constitution of Nepal 2015: While not adopting it explicitly, the preamble's commitment to a "just society" and Article 16-46 on Fundamental Rights reflect a higher moral standard that positive laws must conform to.
- Judicial Review: Courts often rely on principles akin to natural justice, ensuring that laws and executive actions adhere to fairness and reason.
Confusable Terms
| Feature | Natural Law | Legal Positivism |
|---|---|---|
| Source of Law | Reason, morality | State/Sovereign's command |
| Validity | Moral correctness | Proper enactment |
| Focus | What law ought to be | What law is |
| Maxims | Lex iniusta non est lex | Dura lex, sed lex |
MCQ Traps
- "Natural law is solely divine law." FALSE. It includes nature and human reason.
- "Natural law is the same as positive law." FALSE. It is the moral yardstick for positive law.
- "Which jurist is associated with lex iniusta non est lex?" Common answer: St. Augustine, Thomas Aquinas.
Example
A law mandating discrimination based on caste, even if properly enacted, would be considered unjust and therefore not a true law under natural law theory. This is because it violates universal principles of equality and human dignity discoverable by reason.
Memory Hook
Think of N.A.T.U.R.A.L. as: No Act Truly Unjust Remains A Law.
Quick Revision
- Core Idea: Law from reason/morality, not just state.
- Maxim: Lex iniusta non est lex (unjust law = no law).
- Proponents: Aristotle, Cicero, St. Augustine, Thomas Aquinas.
- Aquinas's Hierarchy: Eternal → Divine → Natural → Human Law.
- Nepal: Fundamental Rights (Constitution), judicial review, rule of law.