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

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

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