Tiêu đề Introduction to philosophy of law Question No 07 Write a Note on Natural Theory..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of PHILOSOPHY OF LAW for LLB part 01 you can watch lecture of this question from here. https://www.youtube.com/watch?v=OVMUpITpjXA&list=PLXT PClsX2hdDA6iWHDXbSEybNh7rpPOyY&pp=iAQB Question No 07: Write a note on natural law theory. Its importance and criticism? 1. INTRODUCTION: The Natural Law school is closely linked to the historical and analytical school. This theory's core idea is that its interpretation has changed over time, aligning with evolving legal thought. A standout feature is its ability to address new challenges in society. Proponents believe law stems from clear human thinking. 2. WHAT IS THEORY?
“Set of ideas intended to explain or elaborate something.” 3. MEANING AND DEFINITION OF NATURAL LAW: • A body of unchanging moral principles regarded as a basis for all human conduct. 4. MORALITY: “Sense of right and wrong is morality.” 5. CONCEPT OF NATURAL LAW: • People disagree on what "natural law" exactly means, and its definition has changed over time as legal ideas developed. • Natural law suggests that there's a will in people that isn't made by humans – it's like a natural part of us. • In the past, natural law meant using our thinking to figure out important rules for how people should act, based on how society and individuals naturally work. • Natural law means using good thinking when creating and applying laws. 6. CHARACTERISTIC/ FEATURE OF NATURAL LAW: The chief characteristic feature of natural law may be briefly stated as follows: • Priori Method: There are two main ways to understand things: one is the "priori" way, and the other is the "empirical" way. The priori
method believes things about a topic without investigating or observing, while the empirical method tries to discover reasons and causes related to the topic through investigation and observation. • Based on Moral Ideals: Natural law is like a moral compass. It's like the rules of nature that come from our sense of right and wrong. These rules are kind of like nature's laws, and they work everywhere and always. • Used to defend /maintain Status quo: People often use it to either support a change or keep things the same, depending on what's needed at that time. • Concept of Rule of law: The ideas of "Rule of law" in England and Pakistan, and "due process" in the USA, are connected to the thoughts of Natural Law. It's like they all share some similar beliefs. • Universal: Natural law is universal, that is to say, it applies to the entire human race, and is in itself the same for all. Natural law commands and forbids in the same time everywhere and always. • Immutable: Natural law is immutable in itself. It continuously exist in human nature, it cannot cease to exist. 7. MODERN NATURAL LAW THEORIES: (19th to 21st century) I. RUDOLF STAMLER (1856-1938):
Rudolf Stamler was a professor from Germany who helped shape modern natural law ideas. He really liked Kant's thoughts. He believed that rules for how we behave (laws) are different from what we feel is right or wrong (ethics). He said laws should be like a boss, nobody should mess with them. Once a law is made, everyone has to follow it. Stamler thought that fairness changes depending on where and when you are. He believed for a peaceful society, people should willingly follow the laws. 8. CRITICISM ON NATURAL LAW: • Not Always Practical: Sometimes, what we think is morally right (the "ought to be") might not be best for society. • Different Morals Everywhere: Morality changes from place to place. So, it's hard to make one law that fits everyone. • Hard to Change: Natural laws can't easily change, but society changes a lot. Laws should keep up with society. • Morality vs. Law: Courts can solve legal arguments, but not moral ones based on natural law. • Some Think It's Just a Story: Some historians and thinkers say natural law is like a made-up story. • Hume's Confusion: