Under the School of law in Jurisprudence the concept of Natural school of law is an initial phase for the development of other school of law. In this power point the concept of natural school of law from its origin to the modern days is presented.

1. KathmanduSchoolofLaw
Natural Law of School

2. KathmanduSchoolofLaw
Natural Law of School / Natural
School of thoughts
• Divine Law
• Law of Nature
• Moral Law
• Universal Law
• Law of God
• Just Law
• Unwritten Law etc.

3. KathmanduSchoolofLaw

4. KathmanduSchoolofLaw

5. KathmanduSchoolofLaw
Greek Period
Socrates
Aristotle

6. KathmanduSchoolofLaw
Socrates
“Man Posses insight which helps revel the
goodness and badness of thinking and
make absolute and eternal moral rules.”

7. KathmanduSchoolofLaw
Aristotle
Creature of
God
Creature of
God
Possess
active reason
by which he
can shape his
will.
Possess
active reason
by which he
can shape his
will.

8. KathmanduSchoolofLaw
The Roman Period
Stoic
Entire universe is
governed by the
“Reason”. Man’s
reason is universal
reason.

9. KathmanduSchoolofLaw

10. KathmanduSchoolofLaw
Jus Civile:
Law related to the
Roman Citizen.

11. KathmanduSchoolofLaw
Jus Gentium:
Law related to the
Foreign Citizen.

12. KathmanduSchoolofLaw
Jus Naturale:
Law of Nature.

13. KathmanduSchoolofLaw
The Christian Period
According to Father, “Christian all laws,
government and property were the product
of sin and so human contrary to the law of
god were to be discarded and ignored.

14. KathmanduSchoolofLaw
Eastern World
As per Hindu smritikars {Narad Smiriti}: -
In case of divergence between
dharmashastra , a principle based on
reason has been declared to be the right
one which refers to the concept of law.

15. KathmanduSchoolofLaw
Medieval
Natural School of law

16. KathmanduSchoolofLaw
St. Thomas (1225-1274)
LAW-“an ordinance of
reason for the common
good made by him who
has the care of the
community and
promulgated through
reason.”

17. KathmanduSchoolofLaw
Four folded classification of
Laws
(1)Law of God or
external law;
which we now called
‘Positive law’
(3) Divine law (4)Human laws
(2)Natural law which
is revealed through
“reason”,

18. KathmanduSchoolofLaw
ModerN
Natural School of law

19. KathmanduSchoolofLaw
Thomas Hobbes(1588-1679)
“Law was brought into the
world for nothing else but
to limit the natural liberty
of particular men, in such a
manner, as they might not
hurt but assist one another
and join together against a
common enemy.”
“Law was brought into the
world for nothing else but
to limit the natural liberty
of particular men, in such a
manner, as they might not
hurt but assist one another
and join together against a
common enemy.”

20. KathmanduSchoolofLaw
John Locke(1632-1704)
“every man has a property
in his own person.”
“every man has a property
in his own person.”

21. KathmanduSchoolofLaw
Jean Jacques Rousseau(1712-1778)
‘social contract’
is not a
historical fact
but a
hypothetical
construction of
reason.
‘social contract’
is not a
historical fact
but a
hypothetical
construction of
reason.

22. KathmanduSchoolofLaw
revival
of
Natural law
iN
20th
ceNtury

23. KathmanduSchoolofLaw
CharaCteristiCs
Of
Natural law
frOm
New apprOaCh

24. KathmanduSchoolofLaw
1. It is concerned with practical problems and not
with abstract ideas. It is relative and not abstract
and unchangeable.
1. It is concerned with practical problems and not
with abstract ideas. It is relative and not abstract
and unchangeable.
It is changing and varying and not permanent and
everlasting in character.
It is changing and varying and not permanent and
everlasting in character.
2. It is value-loaded, value-oriented and value
conscious.
2. It is value-loaded, value-oriented and value
conscious.
4. It represents a revolt against the determinism
of Historical school on the one hand and artificial
finality of the Analytical School on the other hand.
4. It represents a revolt against the determinism
of Historical school on the one hand and artificial
finality of the Analytical School on the other hand.

25. KathmanduSchoolofLaw
Rudolf Stammler (1856-1938)
“every rule is a
means to an end,
so one must seek a
universal method
of making just laws.
A just law is the
highest expression
of Man’s social
activity”

26. KathmanduSchoolofLaw
A. Principles of
Respect
1.The content of a
person’s volition must
not depend upon the
arbitrary will of another:
2. Every legal demand
can only be maintained
in such a way that the
person obligated may
remain a fellow
creature;
B. Principles of
Participation
1. A person lawfully
obligated must not be
arbitrarily excluded from
the community:
2.Every lawful power of
decision may exclude the
person affected by it from
the community only to the
extent that the person may
remain a fellow creature.

27. KathmanduSchoolofLaw
Joshep Kohler (1849-1919)
“the standard of conduct which
in consequence of the inner
impulse that urges men
towards a reasonable form of
life, emanates from the whole,
and in forced upon the
individual.”
“the standard of conduct which
in consequence of the inner
impulse that urges men
towards a reasonable form of
life, emanates from the whole,
and in forced upon the
individual.”

28. KathmanduSchoolofLaw
Francois Geny (1861-1944)
1. Le donne reel: It consists of physical nature and
psychological moral nature i.e. climate, soil, anatomical,
physiological, moral, etc in which the humanity finds
itself.
2. Le donne historique: It consists of all those factors of
traditions, customs and environment which is
accumulated experience of generations.
3. Le donne rationnel (The dictate of natural reason): It
forms the basis of classical natural law.
4. Le donne ideal: The ideal element in positive law is
different from rational element that it is more flexible
and dynamic than latter.
1. Le donne reel: It consists of physical nature and
psychological moral nature i.e. climate, soil, anatomical,
physiological, moral, etc in which the humanity finds
itself.
2. Le donne historique: It consists of all those factors of
traditions, customs and environment which is
accumulated experience of generations.
3. Le donne rationnel (The dictate of natural reason): It
forms the basis of classical natural law.
4. Le donne ideal: The ideal element in positive law is
different from rational element that it is more flexible
and dynamic than latter.

29. KathmanduSchoolofLaw
Del Vecchio
General-will
theory
General-will
theory

30. KathmanduSchoolofLaw
H. Krabbe
‘social
conscience’
‘social
conscience’

31. KathmanduSchoolofLaw
Gaustav Radbruch(1878-1949)

32. KathmanduSchoolofLaw
Lon Luvois Fuller (1902-1978)
Temporal
Approach
Temporal
Approach
Natural Law of
Continuity
Natural Law of
Continuity

33. KathmanduSchoolofLaw
Natural LawNatural Law
Positive lawPositive law
AndAnd

34. KathmanduSchoolofLaw
LAWLAW
MoralityMorality
AndAnd

35. KathmanduSchoolofLaw
External
Morality
External
Morality
Morality of
Aspiration
Morality of
Aspiration
OrOr

36. KathmanduSchoolofLaw
Internal
Morality
Internal
Morality
or Moral
Duties
Moral
Duties

37. KathmanduSchoolofLaw
8 Principles of Natural Law:
1. Generality
2. Promulgation
3. Prospectivity
4. Intelligibility
5. Constant-in-itself
6. Possibility of obedience
7. Constancy through time
8. Congruence between official action and declared
rules

38. KathmanduSchoolofLaw
RECENT
THEORIES OF NATURAL
LAW

39. KathmanduSchoolofLaw
Jerome Hall
Law As Action

40. KathmanduSchoolofLaw
John Finnis
Theory of
Natural Law and
Natural Rights

41. KathmanduSchoolofLaw

42. KathmanduSchoolofLaw