Natural law is a term which can be interpreted into several meanings but the most common meaning which refers by most of the researchers is moral theory. The kind of moral theory which comes under the legal term but both legal and moral theories are independent. The legal term was derived later but first natural law was considered only in the behavior of humans and the moral theory is derived from scientific description. The natural theory can be described as the standards of moral which are associated with human behavior and nature of world. Even though legal and natural is different in nature but now the researchers intersects the concept and named it natural law legal theory. It is a theory in which moral standards are set by the legal system which should be considered under the light of moral merits. There are several natural law theory which are in different kinds in term of describing the different moral standards according to their standards.
Before perusing the natural law theory it is important to understand the law and what shaped it is now. The generic sense, which is created through rules and actions according to those rules which helps controlling the authority and binding the society by legal force. The standardize law will put sanctions and consequences if any line crossed which contradicts this law.
The natural law theory have two kinds which and both the kinds’ goes with the same name natural law. The first kind refers to the morality which means that the interpretation of the moral standards which connects with the moral norms and its objectivity. The second kind refers to the nature of the world and the nature of world. The human beings are rational being and are created in such a way that their behavior and acts emphasize on the moral values and the second kind of natural theory describes the morals which are already entails in humans. The natural theory of both the kinds which are mentioned contains the differences and those are in first there is a notion of law which influences it and in second kind it is the morality which influences it. Both the kinds intersect and overlap at some point but not completely same are the same because the natural of human being can be vary from on to another and law defines the specific set of morals which can’t be changed nor be replaced (Marske, 5).
The theorists from the early time argued that even the overlap cannot be existed in both the kinds because they are logically independent on the basis of the nature. The one which is based on the notion of nature can get influenced through different behaviors and legally defined theory stays the same for everyone. Later on, the natural theory defined and gained the standard description and what should be the base of this theory. The moral theory which should be maintained on the basis of morality and ethics, the morals come from behaviors and ethics defined by the law. The natural law theory which is based on the question and that is to figure out what is correct. The correctness is discover by the reasons which are in the nature of humans. It helps in identifying the difference between good or evil. On the basis of these reasons, the law was created. The natural theory can be described as the standards of moral which are associated with human behavior and nature of world. Even though legal and natural is different in nature but now the researchers intersects the concept and named it natural law legal theory.
The history of natural law theory comes from the famous philosophers Plato and Aristotle, both of them emphasized on the same thing. The nature is the physics and the law was described as the custom or norms. The law which is derived from the custom depends on the culture of every area but the nature of human which is the base of this law remains constant. Both the philosopher argued that making the base of this law by the nature helps in setting the standards even the custom changes. The law was developed in the Hellenistic school of philosophy with the Stoics. In this school of philosophy. The stoics dived the presence of an order of this universe based on the purpose and rational. The order influences the living style of any rational being according to the cosmic order which is referred as natural law. The difference between the Aristotle theory and the school is the divine authority. Aristotle that this moral sense is given by the divine but school of philosophy were indifferent to the presence of any divine. The religion of every kind is one the
Despite the fact that the morality is exist in the rational being but the need of law which is implemented by the government is needed. The things which human desire and can’t get can influence the morality. When they see that those things which they want are in others’ lives they will commit those acts which contradicts the natural moral behavior. The government made this as a law because to maintain the harmony in the lives of people. The word natural which still stayed in this law is because of providing the reasons and proving its nature. This law maintains the rationality by using the natural force. There are several examples which can help understanding contradicts among the natural force and law. The example of Adolf Hitler in Germany. The killing of innocent people which according to him was moral act and the state law never resisted and stopped him. The need of standard law was required at that time to identify that the natural law which is based on the morality sometimes needed to be enforced on those places where the natural morality sense is lost (Kindregan, 11).
In the end, it all depends on the government, culture and time which influences in the riven of any law. Overall, human beings who are rational being derived such law according to their own nature for bringing the reforms and justice in the society. The moral theory which should be maintained on the basis of morality and ethics, the morals come from behaviors and ethics defined by the law. The natural law theory which is based on the question and that is to figure out what is correct. Since the Roman and Greek times till now, the laws were created by the human conscience to standardize the moral values. The natural law theory was strongly on the basis of the moral values which are already in the humans given by the notion of nature. Aristotle and the school of philosophy agreed on one thing that morality which even existed should be created in form of law to standardize the morality so that it can be implemented and followed for keeping the harmony. The word natural which still stayed in this law is because of providing the reasons and proving its nature. This law maintains the rationality by using the natural force.
Marske, Charles E., Charles P. Kofron, and Steven Vago. “The Significance of Natural Law in Contemporary Legal Thought.” The Catholic Lawyer 24.1 (2017): 5.
Kindregan, Charles P. “Natural Law Theory and the Declaration on Religious Freedom of the Second Vatican Council.” The Catholic Lawyer 16.1 (2017): 6.