Name:- Dwarkadhish Sharad Chavan Class:- NLC lV Name of teacher:- Dr. M.S.Khairnar Sir. College Name:- Yashwantrao chavan law college Karad

1. Name:- Dwarkadhish Sharad Chavan
Class:- NLC IV
Roll No:- 5402
Name of Topic:- Natural law in relation to
constitution of India.
Subject:- Jurisprudence
Teacher:- Dr. M. S. Khairnar Sir

2. Introduction:- Natural law thinking has
occupied a pervasive role in the field of ethics,
politics and law from the time immemorial. In
the words of J. Stone, "natural law is an
assertion of faith rather than a
demonstration. Its dialectical weapons are
right reason; nature with appendages,
rational nature, state of nature, conformity
with nature, Sociability and the like, the
consensus of all mankind, or of some
essential part of mankind, the divine will".

3. The following quotations illustrate sufficiently the
ancient and medieval conceptions of the law of nature-
 Aristotle. "Law is either universal or special. Special law consists of
the written enactments by which men are governed. The universal law
consists of those unwritten rules which are recognised among all men.
"Right and wrong have been defined by reference to two kinds of law
Special law is that which is established by each people for itself The
universal law is that which is conformable merely to nature."
 Cicero. "There is indeed a true law, right reason, agreeing with
nature, differed among all men, unchanging, everlasting It is not
allowable to alter this law, nor to derogate from it, nor can it be
repealed."
 Philo Judacus. "The unerring law is right reason, not an ordinance
made by this or that mortal, a corruptible and perishable law, a lifeless
law written on a lifeless parchment, or engraved on lifeless columns;
but one imperishable and impressed by immortal nature on the
immortal mind."

4.  Gaius. "All peoples that are ruled by laws and customs
observe partly law peculiar to themselves and partly law
common to all mankind. That which any people has
established for itself is called jus civile, as being law peculiar
to that State.
 Justinian. "Natural law which is observed equally in all
nations, being established by divine providence, remains for
ever settled and immutable, but that law which each State
has established for itself is often changed, either by
legislation or by the tacit consent of the people."
 Hooker. "The law of reason or human nature is that which
men by discourse of natural reason have rightly found out
themselves to be all for ever bound on to in their actions."
 Christian Thomasirs. "Natural law is a divine law, written
in the hearts of all men obliging them to do those things
which are necessarily things consonant to the rational nature
of mankind and to refrain from those which are repugnant to
it."

5. Basic tenets of this School -
 (1) Law is related to justice, reason, human nature and ethics.
 (2) Rules of human conduct emanate from a supreme authority
and are binding on all men everywhere.
 (3) Natural law is opposed to written law, the former is wise, the
latter is arbitrary.
 (4) Nature is an order of things. It demands equality for all men.
 (5) Rules of law can be studied on the basis of a priori method,
i.e., to accept a thing without an enquiry or observation.

6. History of natural law can be summarised under following heads-
 1. The Greek period.
 2. The Roman period.
 3. The Christian period.
 4. The Medieval period.
 5. The Modern period.
 The Greek Period:- Greek were the first propounds of natural law principles
they gave a conception of universal law for all mankind under which all men
are equal Greeks were the first propounds of natural law principles.
 The Roman period:- Roman classical writer accepted the Greek conception
of natural law. They classified law of Rome into three broad categories-
 (a) Jus Civile.
 (b) Jus Genitum.
 (c) Jus Naturale.
 Christian period:- In the end of the Roman era, the principles of natural law
got its place under the writings of Christian fathers. The most important
among them was St. Augustin, who like many of the early fathers was
influenced by the school of pagan philosophers, known as the Neo-
Platonists because of their adherence to the metaphysics of Plato.

7.  Medieval period:- The theory of natural law was very popular in the Middle
ages." Christian religion influenced the idea of natural law in the Middle
ages. It was St. Thomas Aquinas, who made the classic attempt to
harmonise the teachings of the church with those of natural laws. He
emphasised that man's intellect and free will are the closest image of God in
the material universe. The eternal law governs the world through the will of
God and according to His wisdom.
 Modern period:- The Renaissance, the Reformation and the rise of the
National state marked the spiritual, social and the political revolution of the
modern a In this period the medieval order broke down and the supremacy
of the age. church and the emperor disappeared, and liberties of individuals
became the subject-matter of the political philosophers. The individual
demanded right to safeguard, to protect his personality and interests.

8.  The beginning of the twentieth century, however, saw the revival of natural law
theories. The main reasons according to Salmond for this revival are...
 (1) The desire to re-establish closer relation between law and
morality;
 (2) Dissatisfaction with the command theory of law (as given by Austin)
which has banished morality from its fold;
 (3) The need for a juristic basis for a progressive interpretation of positive
law in those cases in which law could not be strictly applied. This has been
particularly important in America:
 (4) The development of sociological theories and sciences; and (5) The
development of the idea of relativity in modern jurisprudence which means
that laws are universal and vary in their content with time and place.