Hand book for llb student in jurisprudence first draft

HAND BOOK FOR LLB STUDENT IN JURISPRUDENCE
BY DAVID DAUSON & IMELDA KILEO
| LLB STUDENT’S Mzumbe University (Mbeya Campus College) |
January 1, 2020
EVOLUTION, GROWTH AND DECLINE OF NATURAL LAW

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©DAUSON DAVID & IMELDA KILEO, 2020
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College) (2017-2020)
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TABLE CONTENT
CHAPTER ONE.
 Natural Law Meaning and Definition
 Characteristics of Natural Law
 Scope of Natural Law
 Background of Natural Law
CHAPTER TWO.
NATURAL LAW IN ANCIENT PERIOD
NATURAL LAW IN EARLY GREEKS
 Heraclitus (530 – 470 B.C.)
 Socrates (470 – 399 B.C.)
 Aristotle (384 – 322 B.C.)
NATURAL LAW IN ROMAN SYSTEM
 Marcus Tullius Cicero (106–43 BC)
MEDIEVAL PERIOD
 Saint Augustine of Hippo 354-430 A.D
 Saint Thomas Aquinas 1226-1274
THE PERIOD OF RENAISSANCE 16TH -18TH CENTURY
 Hugo Grotius (1583-1645)
 Thomas Hobbes 1588 – 1679
 Samuel Pufendorf 1632-1694
 John Locke1632- 1704

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 Charles Montesquieu (1689- 1755)
 Immanuel Kant (1724 – 1804)
MODERN PERIOD
REJECTION OF NATURAL LAW IN 18th
-19th
CENTURY
REVIVAL OF NATURAL LAW 20th
CENTURY
 Rudolf Stammler1856-1938
 Gustav Radbruch 1878-1949
 Lon Luvois Fuller (1902 – 1978)
 John Finnis (1940)
CHAPTER THREE.
CONTEMPORARY NATURAL LAW
 Characteristics of contemporary natural law.
 General remark of the Evolution, Growth and Decline of Natural Law

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CHAPTER ONE.
NATURAL LAW MEANING AND DEFINITION
There is no harmony about the definition and exact meaning of Natural Law. In
jurisprudence the term ‘Natural Law’ means as follows;
Natural law are those rules and principles which are supposed to have originated from
some supreme source other than any political or worldly authority1
.also natural law is
principle of human conduct which has some kind of immutability, a principle based on
reason, or divine God or supposed Social contract jurisprudence2
.
Natural law refers to the principles of human conduct discoverable by reason, from basic
liking of human nature and that are absolute, unchangeable and of universal validity for all
times and places3
Hence it is the norm of conduct discoverable by experience and
observation as prevalent and useful among different people.
The term natural law has been understood to mean a variety of things to different people
quality at different time, providing ideas, which guide legal development and
administration, a basic moral quality in law4
.
Characteristics of Natural Law
• The central idea behind natural law is that it embodies moral principles
which depend on the nature of the Universe and which can be discovered by natural
reason. However, human law can only be said to be law as far as it conforms to
those principles5
.
1
Bhogle P, Legal Theory of Jurispudence, pg. 5
2
Dhyani.S. Jurispudence & Legal Theory,4th
edn, pg 37
3
L. L. Fuller (1964), The Morality of Law, Revised Edition (New Haven: Yale
University Press,)
4
ibid
5
E, Kitime (2016), A Student Manual on Jurisprudence, edition from eBook, pg. 89

5
• Natural law is not enforced by any external agency, but the State or
sovereign enforces every other form of law and there is always a coercive force
behind it. Also, Natural law is eternal and unalterable6
• Natural law is a priori method as opposed to an empirical method. A priori
method accepts things or Conclusions in relation to a subject as they are without
any enquiry or observation. In addition, natural law is a posteriori approach because
tries to find out the causes and reasons in relation to subject matter.
• It symbolizes physical law of nature based on moral ideals, which has
universal applicability at all places and times. Natural law is universal, that is to
say, it applies to the entire human race, and is in itself the same for all7
. It has often
been used either to defend a change or to maintain status quo according to needs
and requirement of the time. For example, Locke used Natural Law as an instrument
of change but Hobbes used it to maintain status quo in the society8
.
• Natural law is immutable in itself and extrinsically. It follows that,
assuming the continued existence of human nature, it cannot cease to exist, it also
commands and forbids in the same tenor everywhere and always9
.
The concepts of ‘Rule of Law’ in England and India and ‘due processes in USA are
essentially based on Natural Law. Natural Law is eternal and unalterable, as having existed
from the commencement of the world, uncreated and immutable. Man does not make
Natural Law; he only discovers it. Natural Law is not enforced by any external agency.
Natural Law is not promulgated by legislation it is an outcome of preaching of
philosophers, prophets, saints. And thus in a sense, it is a higher form of law10
.
6
J. Raz, (1972)"Authority, Law and Morality," The Monist, vol. 68, 295-324 Joseph Raz, "Legal
Principles and the Limits of Law," 81 Yale Law Review 823
7
S. Gisela, (1986). Origins of the Concept of Natural Law, Proceedings of the Boston Area Colloquium in
Ancient Philosophy, pg 79-94.
8
Curzon.L.B. B, (2001), Q&A Series, Jurispudence,3rd
edn, London; Cavendish Publishing ltd
9
Benson, B.L, (1990) “The enterprise of law, justice without the state” Pacific Research Institute, ISBN 0-
936488-298
10
E, Kitime (2016), A Student Manual on Jurisprudence, edition from ebooko, pg 87

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Natural Law has no formal written Code; also, there is neither precise penalty for its
violation nor any specific reward for abiding by its rules. Natural Law has an eternal lasting
value, which is immutable. Natural Law is also termed as Divine Law, Law of Nature, and
Law of God. Divine Law means the command of God imposed upon men. Natural Law is
also the Law of Reason, as being established by that reason by which the world is governed,
and as being addressed to and perceived by the rational of nature of man. It is also the
Universal or Common Law as being of universal validity, the same in all places and binding
on all peoples, and not one thing at Athens. Lastly, in modern times we find it termed as
“moral law” as being the expression of the principles of morality. The Natural Law denies
the possibility of any rigid separation of the ‘is’ and ‘ought’ aspect of law and believes that
such a separation is unnecessarily causing confusing in the field of law. The supporters of
Natural Law argue that the notions of ‘justice’, ‘right’ or ‘reason’ have been drawn from
the nature of man and the Law of Nature and, therefore, this aspect cannot be completely
eliminated from the purview of law. It has generally been considered as an ideal source of
law with invariant contents.11
SCOPE OF NATURAL LAW
Natural law consists of one supreme and universal principle, from which are derived all
our natural moral obligations or duties. Natural law school law seeks both to give an
account of the facticity of law and to answer questions that remain central to understanding
law. It investigates the moral principles that ought to govern political action, law making
and adjudication as well as the personal lives of citizens12
.The law ‘that natural law theory
speaks of has a much wider meaning than the positive law of the state.
11
Brian Bix, (1996) "Natural Law Theory," in Dennis M. Patterson (ed.), A Companion to Philosophy of Law
and
Legal Theory, Cambridge: Blackwell Publishing Co.,
12
Klaus F, "Farewell to 'Legal Positivism': The Separation Thesis Unravelling," in George, The
Autonomy of Law,pg 119-162

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BACKGROUND OF NATURAL LAW
The Natural Law concept has its historical roots in Greek culture and philosophy. First, we
see the concept expressed in theatre, especially in the works of Sophocles (497-406
B.C.)13
In Antigone, for example, his main character insists upon her moral duty to bury her
brother (Polyneices) even though the king (Creon) ordered that the body be left unburied14
.
Which law prevails? Is it the will of the king, which is the prevailing community law?
Alternatively, is there a higher law reflected perhaps in traditional custom but grounded
ultimately in an understanding of human being and the moral requirements founded on that
understanding?15
Sophocles point is that human nature and human reason are the ground of
ethical duties which have to be recognized wherever human beings gather in
community16
.Later, philosophers like Aristotle and Plato would argue explicitly that
nature rather than convention is the foundation of both law and morality. Centuries later,
St. Thomas would express this same notion by saying that if our natures were different, our
moral obligations would be different17
.For over two thousand years, the greatest minds in
Western culture agreed that there are universal laws bases on human nature against which
the laws of a particular king or ruler or legislature have to be judged.
The use of natural law, in its various manifestations, has varied widely through its history.
There are a number of different theories of natural law, differing from each other with
respect to the role those morality plays in determining the authority of legal norms18
13
Oderberg, D.S &T. Chappell (eds.), 2004. Human Values: New Essays on Ethics and Natural Law, New
York: Palgrave.
14
Chappell, T. D. J., (1995). Understanding Human Goods, Edinburgh: Edinburgh University Press.
15
Moore, Michael, 1982. “Moral Reality,” Wisconsin Law Review, 6: 1061-1156.
16
Philippa, (2001), Natural Goodness, Oxford: Oxford University Press.
17
Thompson, M, 1995. “The Representation of Life,” in Rosalind Hurst house, Gavin Lawrence, and
Warren Quinn (eds.), Virtues and Reasons, Oxford: Oxford University Press, pp. 247-296.
18
Gomez-L., A., 2002. Morality and the Human Goods: An Introduction to Natural Law Ethics, Washington,
DC: Georgetown University Press.

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CHAPTER TWO.
The content of ‘Natural Law’ has varied from time to time according to the purpose for
which it has been used and the function it is required to perform to suit the needs of the
time and circumstances.
Therefore, the evolution and development of ‘Natural Law’ has been through various stages
which may broadly be studied under the following heads:
(1) Ancient Period (480BC- 476 AD)
(2) Medieval Period (476 AD – 1492 AD)
(3) Renaissance Period (1300 – 1600’S AD)
(4) Modern period (18th – 20th)
NATURAL LAW IN ANCIENT PERIOD (480BC- 476 AD)
According to old time, natural law located from Greek, before Plato and Aristotle there
was no distinction between what is religion and law simply because in Greek time, they
had strong belief and according to them, it was that all laws were received from God. The
priest had very
important role in the society because they believed that Natural Law come from
supernatural power and that is Almighty God.19
Natural Law in Early Greeks (Classical Age) (480-323 B.C.)
Natural law is located from the early Greeks. There was no distinction between religion
and law. In the Greek times, all laws were received from the chief God. By this time, the
priest had every important role in the society20
. Around fifth Century Philosophy was
separated from religion. This was brought about by changes in the material conditions such
19
Mahajan, V. D, Jurisprudence and Legal Theory, pg 599
20
Adams, R. M, (1999). Finite and Infinite Goods: A Framework for Ethics, Oxford: Oxford University Press.

9
as discoveries of iron, alphabet and writing technologies, development of city-states and
money as medium of exchange.
Heraclitus (530 – 470 B.C.)
The ancient philosopher Heraclitus of Ephesus (530-470 BC) is one of the most important
thinkers in history. Heraclitus’ views on change and flow stand in stark contradition to the
picture of the static universe presented by his predecessor Parmenides (5th century BCE),
and fed into the work of untold philosophers from Marcus Aurelius (121 AD–180 AD) to
Friedrich Nietzsche (1844-1900 AD).
The concept of Natural Law was developed by Greek philosophers around 4th century B.C.
Heraclitus was the first Greek philosopher who pointed at the three main characteristic
features of Law of Nature namely, (i) destiny, (ii) order and (iii) reason. He stated that
nature is not a scattered heap of things but there is a definite relation between the things
and a definite order and rhythm of events. According to him, ‘reason’ is one of the essential
elements of Natural Law.
Socrates (470 – 399 B.C.)
Socrates lived through times of great political upheaval in his birthplace of Athens, a city
that would eventually make him a scapegoat for its troubles and ultimately demand his life.
Much of what is known about Socrates comes through the works of his onetime pupil Plato,
for Socrates himself was an itinerant philosopher who taught solely by means of public
discussion, and oratory and never wrote any philosophical works of his own. Socrates was
less concerned with abstract metaphysical ponderings than with practical questions of how
we ought to live, and what the good life for man might be. Consequently, he is often hailed
as the inventor of that branch of Philosophy known as ethics.
It is precisely his concern with ethical matters that often led him into conflict with the city
elders, who accused him of corrupting the minds of the sons of the wealthy with
revolutionary and unorthodox ideas.

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Loved by the city’s aristocratic youth, Socrates inevitably developed many enemies
throughout his lifetime. In his seventieth year, or thereabouts, after Athens had gone
through several changes of leadership and a period of failing fortunes, Socrates was brought
to trial on charges of ‘corrupting the youth’ and ‘not believing in the city gods’. It would
seem that the charges were brought principally to persuade Socrates to renounce his
provocative public speaking and convince the citizens of Athens that the new leadership
had a tight rein on law and order.
With a plea of guilty, he might perhaps have walked away from the trial and lived out the
rest of his life as a private citizen. However, in characteristic style, he robustly defended
himself, haranguing his accusers and claiming that god himself had sent him on his mission
to practice and teach philosophy. When asked, upon being found guilty, what penalty he
thought he should receive; Socrates mocked the court by suggesting a trifling fine of only
30 minae. Outraged, a greater majority voted for Socrates to be put to death by the drinking
of hemlock than had originally voted him guilty. Unperturbed, Socrates readily agreed to
abide by the laws of his city and forbade his family and friends from asking for a stay of
execution21
.
Socrates said that;
Like Natural Physical Law, there is a Natural or Moral Law. ‘Human Insight’ that a man
has the capacity to distinguish between good and bad and is able to appreciate the moral
values. This human ‘insight’ is the basis to judge the law. Socrates did not deny the
authority of the Positive Law. According to him, it was rather the appeal of the ‘insight’ to
obey it, and perhaps that was why he preferred to drink poison in obedience to law than to
run away from the prison.
He pleaded for the necessity of Natural Law for security and stability of the country,
which was one of the principal needs of the age. His pupil Plato supported the same
theory. But it is in Aristotle that we find a proper and logical elaboration of the theory22
.
21
P. Stokes (2006), Philosophy 100 Essential Thinkers,1st
edn, enchanted lion books New York pg 20-21
22
N.V. Paranjape, Studies in Jurispudence and Legal Theory, published by central Law Agency, India, pg.
103

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Aristotle (384 – 322 B.C.)
Aristotle received his education from age seventeen in Plato’s ‘Academy’, where he stayed.
For some 20 years until Plato’s death. Later he founded his own institution, ‘the Lyceum’,
where he would expound a philosophy altogether different both in method and content
from that of his former teacher23
.Aristotle’s achievements in the history and development
of western thought are both stunning and unrivalled. More than just a philosopher, Aristotle
was a scientist, astronomer, political theorist and the inventor of what is now called
symbolic or formal logic. He wrote extensively on biology, psychology, ethics, physics,
metaphysics and politics and set the terms of debate in all these areas right up to modern
times24
.
After his death, his works were lost for some 200 years or so, but fortunately were
rediscovered in Crete. Later translated into Latin by Boethius around 500 AD, Aristotle’s
influence spread throughout Syria and Islam whilst Christian Europe ignored him in favor
of Plato. Not until Thomas Aquinas reconciled Aristotle’s work with Christian doctrine in
the 13th
century did he become influential in Western Europe25
.
According to him, said that man is a part of nature in two ways; firstly, he is the part of the
creatures of the God, and secondly, he possesses insight and reason by which he can shape
his will. By his reason, man can discover the eternal principle of justice. The man’s reason
being the part of the nature, the law discovered by reason is called ‘natural justice’26
.
Positive Law should try to incorporate in itself the rules of ‘Natural Law’ but it should be
obeyed even if it is devoid of the standard principle of Natural Law.
The Law should be reformed or amend rather than be broken. He argued that slaves must
accept their lot for slavery was a ‘natural’ institution. Aristotle suggested that the ideals of
23
P. Stokes (2006), Philosophy 100 Essential Thinkers,1st
edn, enchanted lion books New York page 24
24
ibid
25
ibid
26
Aristotle (350BC) Politics, Book 1 Chapter 2

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Natural Law have emanated from the human conscience and not from human mind and,
therefore, they are far more valuable than the Positive Law, which is an outcome of the
human mind27
.
Natural Law in Roman System (27 BC–476 AD)
The Romans did not confine their study of ‘Natural Law’ merely to theoretical discussions
but carried it further to give it a practical shape by transforming their rigid legal system
into cosmopolitan living law. In this way, Natural Law exercised a very constructive
influence on the Roman law through division of Roman law into three distinct divisions
namely ‘Jus civile’, ‘Jusgentium’ and ‘Jus naturale’. Civil law called ‘Jus civile’ was
applicable only to Roman citizens and the law, which governed Roman citizens as well as
the foreigners, was known as ‘Jus gentium’. It consisted of the universal legal principles,
which conformed to Natural Law or Law of Reason. Later, both these were merged to be
known as ‘Jus naturale’ as Roman citizenship was extended to everyone except a few
categories of persons. Roman lawyers did not bother themselves with the problem of
conflict between ‘Positive Law’ and ‘Natural Law’.
Marcus Tullius Cicero (106 BC –43 BC),
Political leader, lawyer, scholar, writer, and, reputedly, Rome’s greatest legal orator, was
declared by the legal historian, Maitland, to have left his ideas ‘on every page of western
jurisprudence’. As a jurist, he sought to bring the lessons of Greek philosophy into a
consideration of law as the highest reason, implanted in man and providing a universal
standard by which justice and injustice might be measured.
Born in Arpino, he studied with Philo in Rome and Antiochus in Athens. He became one
of Rome’s consuls in 63 BC, and participated as a principal figure in the crushing of the
insurrection by Catiline. Following exile in 58 BC, he returned to Rome, became an augur
in 53 BC, and was promoted to govern Cilicia. He opposed Mark Antony’s seizure of
27
E, Kitime, (2016), A Student Manual on Jurisprudence, edition from eBook, pg. 95

13
power after Caesar’s assassination. Antony gave personal orders for the murder of Cicero,
which took place in brutal fashion in 43 BC. 28
Cicero’s major political and legal tracts were completed between 54–44 BC; all have been
studied extensively by generations of scholars, and reflect his view of the significance of
the basis of the state and the essence of law in a manner, which gives them relevance for
our day. ‘If the man lives’, he stated, ‘who would belittle the study of philosophy, I quite
fail to see what in the world he would see fit to praise’. By ‘philosophy’, Cicero had in
mind what we now refer to as ‘moral philosophy’.
A study of what is meant by ‘right’ and ‘wrong’, a search for the essence of justice and an
investigation of virtue, were fundamental to his view of the place of the law in human
affairs. In this investigation, he kept in mind the Stoic belief that virtue is the only good
and that the virtuous man is the one who has reached happiness through knowledge. Allied
to his acceptance of the primacy of philosophy was a belief that virtue linked man to a
divine Providence.
All men counted for something; all have an inherent value in themselves; a bond of kinship
derived from their place in divine Providence linked all; all had the right (which the law
must recognize and declare) to be treated well by one another. The Stoic conception of the
universe and all creatures therein as sharing a common destiny found expression in
Cicero’s belief in the essential brotherhood of man. These themes found expression in his
legal and political doctrines.29
However, there was a general feeling that natural law being based on reason and
conscience was superior to Positive Law and therefore, in case of a conflict between the
two, the latter should be disregarded.
28
https://www.libertarianism.org › columns › ciceros-natural-law-political-ph on 10th
November 2019 at
1545 Hrs.
29
Ibid.

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MEDIEVAL PERIOD (476 AD – 1492 AD)
During Feudal era, the period that was highly dominated by church fathers; between the
collapse of the Greeks and the Romans civilization in the Middle Ages; the natural law was
capitalized by the church of fathers30
. Church fathers articulated that two laws, natural law
and custom rule humankind. Natural law is that containing the scriptures and gospel. They
said because of divine character Natural Law is absolutely being and it is superior to other
rules of law. It precedes them with time. It came into existence with a very creation of man
and it does not vary in time but it remains unchangeable31
Catholic philosophers and theologians of the middle Ages gave a new theory of ‘Natural
Law’. Though they too gave it theological basis, they departed from the orthodoxy of early
Christian Fathers. Their views are more logical and systematic.
The main protagonist or Hero in this middle age or medieval were; St Isidor 560-566A.D,
St Ambrose 340-397 A.D, St. Augustine 354-430A.D and St. Thomas Aquinas 1226-1274.
Now let us discuss two famous philosophers in this medieval period.
Saint Augustine of Hippo (354-430 AD.)
He wrote a book called City God, in his book argued that social institutions of man are
sinful including the state, man could only justify its institutions by creating those
corresponding to the likeness of god that in order to be good, there must be correspondence
to the likeness of the city of God. Since man mission in world is to approximate the likeness
of god then it follows that those institutions should approximate that of God. He believed
that reason to be uniquely human cognitive capacity that comprehends deductive truths and
logical necessity. He also adopted that a subjective view of time arguing that time is nothing
30
Ellickson, R. C., (1991). “Order without Law, How Neighbors Settle Disputes” Harvard
31
Barkow, JH, &Cosmides L, (1992) “The adapted mind, Evolutionary psychology and the generation of
Culture”, Oxford University Press

15
in reality but exist only in human minds apprehension of reality, and that time cannot be
infinite because of god created it32
.
St Augustine struggled to reconcile his beliefs about free will and his belief that operates
are morally responsible for their action, with his belief that one’s life is predestined and his
belief in original sin, which seems to make human moral behavior impossible. Because
human beings begin with original sin and are therefore inherently evil even if, as he
believed, evil is not anything real but merely the absence of god then the classical attempts
to achieve virtue by displine training and reason redemptive action of God grace alone offer
hope.
In addition, Saint Augustine took the view that the biblical text should not be interpreted
literally. If it contradicts what we know from science and our God given reason, example
he belief that God created the world simultaneously and that the seven-day creation
recorded in the bible merely represent a logical framework, rather than the passage of time
I physical way. Although he believed that God had chosen the Jews as special people, he
considered the scattering of Jews by the Roman Empire to be fulfillment of prophecy, and
believed that the Jews would be converted at the end of time. He associated sexual desire
with the sin of Adam, and that was still sinful, even though the fall has made it part of
human nature. Defense against those who blamed Christianity for fall Rome and restore
the confidence of fellow Christian33
.
Saint Thomas Aquinas (1224-1274)
Thomas Aquinas views may be taken as representative of the new theory. His views about
society are similar to that of Aristotle. Social organization and state are natural phenomena.
He defined law as ‘an ordinance of reason for the common good made by him who has the
care of the community and promulgated’.
32
Dalvi, Y, Natural law Theories in Greek and Medieval Period; Legal Theory paper, pg 21
33
Ibid.

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St. Thomas Aquinas gave a fourfold classification of laws, namely, (1) Law of God or
external law, (2) Natural Law which is revealed through “reason”, (3) Divine Law or
the Law of Scriptures, (4) Human Laws which we now called ‘Positive law’.
This system of Aquinas dividing laws into four categories was regarded as the first of its
kind in Jurisprudence. It combined ancient philosophy of the Romans, training of Christian
fathers and contemporary pragmatism with contemporary powers and skills. St. Augustine
was a classical representative of early church doctrine of law. In his book, “CITTY OF
GOD” he argued that social institutions of man are sinful including the state, and Aquinas
in his book called “SUMMA THEOLOGICAL” he said there was consistence with
Christianity and religious truth.
Natural Law is a part of divine law. That part reveals itself in natural reason34
. Like his
predecessors, St. Aquinas agreed that Natural Law emanates from ‘reason’ and is applied
by human beings to govern their affairs and relations. This Human Law or ‘Positive Law’,
therefore, must remain within the limits of that of which it is a part. It means that Positive
Law must conform to the Law of the Scriptures. Positive Law is valid only to the extent to
which it is compatible with ‘Natural Law’ and thus in conformity with ‘Eternal Law’.
He regarded Church as the authority to interpret Divine Law. Therefore, it has the authority
to give verdict upon the goodness of Positive Law also. Thomas justified possession of
individual property, which were considered sinful by the early Christian
Fathers35
.Therefore the Identification of natural law with reason was destined to bring
about a separation of natural law from theology later on.
34
Robert P. George, "Natural Law and Positive Law," in George, The Autonomy of Law, 321-334
35
S.R. Myneni, (2013), Jurisprudence (Legal Theory), Asia Law House, India-Asia. pg. 384

17
THE PERIOD OF RENAISSANCE (1300 – 1700)
NATURAL LAW IN REFORMATION ERA 14 TH -18TH CENTURY
The decline of Feudalism and the rise of Capitalism as a system took a long time. The
elements of Capitalism grew up in the womb of Feudalism. There were a number of things
that facilitated the collapse of Feudalism and the rise of Capitalism, mode of production
these are industrial revolution, commodity productions and international voyages.3637
People wanted to be independent in things rather than being dogmatic in idea in religion.
Hence there was a divorce of law from theology i.e. law was separated from theology.
Philosophers at this era were Hugo Grotius, T. Hobbes, Spinoza, John Locke, and J.
Rousseau. These philosophers were very strong in defending the ruling class. However
later on they tried to move against the ruling class by not defending the class in power37
.
Hugo Grotius (1583-1645)
He was a Dutch jurist and a father of International law. He wrote a book called DEJURE
BELLEST PACIS, which means cross of law and peace. He said man ‘s desire is essentially
to live in society peacefully in line with his intellect and reason. Natural Law principles as
so far they are rational they are independent of God. He says natural law so immutable that
it cannot be changed except by God himself. Since early Natural Law will remain so, it
won ‘t change. He tried to free Natural Law from theology.38
36
Williamson M. Evers, "Hobbes and Liberalism," The Libertarian Forum (May 1975): 4–6 [available in
PDF].
37
See Evers, "Social Contract: A Critique," The Journal of Libertarian Studies 1 (Summer 1977): 187–88
38
Haakonssen, Knud, 1996. Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment,
Cambridge, UK: Cambridge University Press.
38
Haakonssen, Knud, 1996. Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment,
Cambridge, UK: Cambridge University Press.

18
Thomas Hobbes (1588 – 1679)
Hobbes was an English philosopher who political philosophy dominated the 17th century
and continues to have a major influence today.
Thomas Hobbes was born in Malmesbury, Wiltshire, on 5 April 1588, the son of a
clergyman. His father left the family in 1604 and never returned, so a wealthy uncle
sponsored Hobbes' education at Oxford University.
In 1608, Hobbes became tutor to William Cavendish, later earl of Devonshire. The
Cavendish family were to be Hobbes' patrons throughout his life. In 1610, Cavendish and
Hobbes travelled to Europe together, visiting Germany, France and Italy. After Cavendish
died, Hobbes obtained another position but later became tutor to Cavendish's son. During
these years, he travelled to Europe twice more, meeting leading thinkers including the
astronomer Galileo Galilei and the philosopher Rene Descartes.
In 1672, Hobbes published an autobiography in Latin verse and translations of the 'Iliad'
and the 'Odyssey' in 1675-1676. He died on 4 December 1679 at Hardwick Hall in
Derbyshire, one of the Cavendish family's homes.39
He was of the view that man was living in the state of nature. Man was living naturally.
Later man was living in a more organized manner called civil society when man organized
himself in society. There is an original condition of man, which is natural. In that, original
condition man was guided by motion of his thought. He said these thoughts / ideas were
activated from external sensation. With time, man could distinguish sensation that brought
pleasure and avoided those brought pain. Therefore, man thought for things that brought
pleasure and avoided those brought about pain. Human nature was intrinsically selfish,
malicious and aggressive.
In a state of nature everybody is in a state of war with everybody and there is nothing right
or wrong. Hence, man would prefer peace to war like state of nature. Through reason man
39
http://www.bbc.co.uk/history/historic_figures/hobbes_thomas.shtml//on Sunday 10th
November 2019
at 1504 Hrs.

19
realizes that there‘re a certain principles that can bring god and peaceful situation40
. These
are-
• Every man wants to seek peace, but where he cannot obtain it, he can resort to war.
• A man should be wiling too lay down his rights and liberty and to transfer them to one
man or assemblage of persons on conditions that others do the same. (Social contract).
To him man should surrender his right and liberty to one man. This is a contract. The man
should govern us according to contract, to have a good civilized society rule us according
to your will. Don ‘t rules us arbitrarily without observing the contract as we agreed.
• Man should keep his covenant we agreed upon, therefore, a social contract is necessary
for individual in a state of nature to form a civilized society. He adds that man should
realize that she can ‘t gets rid of the state of nature; unless he learns to keep contract.
To him the law of nature is the foundation of justice. He distinguished civil laws from the
law of nature by arguing that civil laws are instrument by which the sovereign imposes the
will upon the people. According to Hobbes, Natural law refers laws of human conducts
based on observation and appreciation of human nature, and the chief principle being that
the natural right of self-preservation. He furthermore opined that there is no other
instrument or organ to judge the validity of the laws except the state itself formed as result
of social contract to achieve peace and protection of property41
.
Samuel Pufendorf (1632-1694)
He was a German law professor and a landowner. He advocated the supremacy of the state
over the church. The basis of obligation was the will of the superior or strong enough to
punish disobedience and resistance within the limit of reason and justice. The state is the
manifestation of human reason. In order to make state acceptable even through the
40
Hobbes, Thomas, (1994). Elements of Law: Natural and Politic, J. C. A. Gaskin (ed.), Oxford: Oxford
University Press. Cited as EL by chapter and section number
41
Philippa R. F, (1978), Virtues and Vices Berkeley: University of California Press, pp. 99–105.

20
oppressive class, the state must aim at general good and human peace42
. Manifestation of
state is necessarily to be strong because:
(i) Under natural law man is naturally aware of him and holds himself dearer than
anything holds.
(ii)Whenever man was threatened with danger he remains with hatred and arranging for
revenge.
(iii) Man is worse than other beasts and he cannot defend himself until he matures. In order
to mature, he requires training.
(iv)Man who grows up without training and without depending on others would be a worst
kind than animal. Then strong state is needed to fame this characteristic.
John Locke (1632- 1704)
John Locke was born in 1632 in Wright on, Somerset. His father was a lawyer and small
landowner who had fought on the Parliamentarian side during the English Civil Wars of
the 1640s. Using his wartime connections, he placed his son in the elite Westminster School
Between 1652 and 1667, John Locke was a student and then lecturer at Christ Church,
Oxford, where he focused on the standard curriculum of logic, metaphysics and classics.
He also studied medicine extensively and was an associate of Robert Hooke, Robert Boyle
and other leading Oxford scientists.
Locke spent his final 14 years in Essex at the home of Sir Francis Masham and his wife,
the philosopher Lady Damaris Cudworth Masham. He died there on October 24, 1704, as
Lady
Damaris read to him from the Psalms.43
He advocated that man be originally on the state of nature. He called this state of nature
prepolitical society. There was no political state in the state of nature. In a state of nature,
42
Murphy, Mark C., 2001. Natural Law and Practical Rationality, New York: Cambridge University Press.
43
https://www.history.com/topics/british-history/john-locke searched on Sunday November 10, 2019 at
1530 Hrs.

21
all men are equal and every man /person would have the right to enforce the law of nature.
Those members of the society entered into social contract by which they established a
government. To him a society was meant a contract. The powers of the government are
limited to the terms of social contract.
When the government so established goes contrary to the trust imposed on it i.e. when the
government violates the social contract then the people have the right to revolt, return to
the prepolitical state of nature, and establish a new government by a new social contract.
The right to revolution must be exercised as a last resort; citizens must learn to tolerate
great mistakes by the government44
.
Charles Montesquieu (1689- 1755)
He was French philosopher who advocated that liberty is the highest goal, which a nation
must achieve. There must be a system of government under which liberty will be secured
in the most efficient manner. There should be no interference of one organ of state to the
function of the other organs of the state but they must check each other and independent to
each otherwise.
In order to get a good efficient government, power must be checked by power. i.e. .there
must be separation of powers between the executive, judiciary and parliament.45
Jean Jacque Rousseau (1712 – 1778)
Rousseau (1712–88), philosopher, musician and literary scholar. Born in Geneva,
Rousseau moved to France where he became very critical of contemporary European
political regimes and, in particular, the prevalent attitude of governments in relation to the
governed. In 1753, he began a detailed examination of the origins of inequality among men
and asked whether the condition was authorised by natural law.
He studied the basis of the institution of private property and considered the role of law in
relation to property in general. In 1762, he published a highly influential treatise on
44
John Locke, An Essay Concerning the True Origin, Extent, and End of Civil Government, V. pp.27–28,
45

22
education, Emile (in which he argued that education should ‘follow nature’) and The Social
Contract, which outlined a concept of sovereignty as residing solely in the people. Exile to
Switzerland and England followed. Rousseau died in France in 1788.
He was French philosopher who opined that law is an expression of the general will of the
community. Hence, a law that has not been ratified by the people as a whole (parliament)
is invalid. The sovereign cannot have separate interests apart as the community as a whole.
When an individual obeys the law; obeys himself because an individual will is made in a
general will, which is the law. The state is formed by a social contract; subsequent
manifestations of the general will be seen through majority decisions. Under social contract
individual surrender all, their natural rights to the whole community for common good and
in return, citizens and individuals are granted civil liberty and security of the property
possession.
Immanuel Kant (1724 – 1804)
Immanuel Kant, (born April 22, 1724, Konigsberg, Prussia [now Kaliningrad, Russia]—
died February 12, 1804, Konigsberg), German philosopher whose comprehensive and
systematic work in epistemology (the theory of knowledge), ethics, and aesthetics greatly
influenced all subsequent philosophy, especially the various schools of Kantianism and
idealism.46
Kant and Fichte further supported the Natural Law philosophy and doctrine of
social contract in 18th century.
They emphasized that the basis of social contract was ‘reason’ and it was not a historical
fact. Kant drew a distinction between Natural Rights and the Acquired Rights and
recognized only the former, which were necessary for the freedom of individual. He
favored separation of powers and pointed out that function of the State should be to protect
the law. He propounded his famous theory of Categorical Imperative in his classic work
entitled Critique of Pure Reason.
46
https://www.britannica.com/biography/Immanuel-Kant//at on 10th
November 2019 at 1539 Hrs.

23
Kant’s theory of Categorical Imperative was derived from Rousseau’s theory of General
Will. It embodies two principles: -
1. The Categorical Imperative expects a man to act in such a way that he is guided by
dictates of his own conscience. Thus, it is nothing more than a human right of self-
determination. 2. The second principle expounded by Kant was the doctrine of ‘autonomy
of the will’, which means an action emanating from reason but it does mean the freedom
to do as one pleases. In essence, Kant held that “an action is right only if it co-exists with
each and every man’s free will according to the universal law”. This he called as “the
principle of Innate Right”. The sole function of the state, according to him, is to ensure
observance of law.
MODERN PERIOD (18th – 20th)
REJECTION OF NATURAL LAW IN 18th -19th CENTURY
After getting the government, capitalists thought that there was no need of Natural law.
They could now make their own laws. After the Bourgeoisie Revolution in America, all
philosophies in natural law were rejected.
For instance, John C. Calhoom criticized Thomas Hobbes and his works heavier than and
elements of law work. He argued that for the predominant of individuals over others to
continue without conflict there is need for a controlling power i.e. the state. He is interested
on the control. There must be some power of control by the state. Focus is now on the
power of the state and not natural law. After rejecting natural law motion: the ruling
Bourgeoisie adopted positivism as their legal philosophy. The Bourgeoisie adopted
positivism; you look at law as it is. After rejection of Natural Law, jurisprudence was
limited to the technical analysis of positive law laid down by the state. According to
positivistic philosophers, there was no need to find the value of the law beyond the law
itself47
.
47

24
REVIVAL OF NATURAL LAW 20th CENTURY
The material conditions, which led to natural law again, were the revival of natural law and
using it again was rise of monopoly capitalism that created class of rich and poor.
Imperialism and fascism that led to colonialism and conflict of interest among the
imperialist nations eventually led to wars, sufferings and property destruction.
Natural law re-emerged vehemently after the Second World War. After the war, the
economy of Europe was affected but the USA was not affected. In the process of re-
activated capitalism at political level the UN was formed with the aim of maintaining
peace, order and security
The UN Charter, which came into 1945, had a lot of Natural law thinking sentiments. The
Universal Declaration of Human Rights of 1948 was made. The rights contained in the
Declarations range from moral liberty, equality, dignity of life etc. These rights were not
new but were built on those developed by the earlier philosophers in the Natural law
philosophy.
These situations made the capitalists to re-think on how to solve these problems such
sufferings and losses. They were interested to find a philosophy or politics to show the
people that despite what have happened, capitalism as a system was still a face of human.
Therefore, Natural law had to be brought back. Natural law was not resumed as it was but
modified to suit the new conditions48
.
Rudolf Stammler (1856-1938)
Rudolf Stammler, (born February 19, 1856, Alsfeld, Hesse [Germany] died April 25, 1938,
Wernigerode, Germany), German jurist and teacher who is considered to be one of the most
influential legal philosophers of the early 20th century.
Stammler was a professor of law at Marburg (1882–84), Giessen (1884), Halle (1885–
1916), and Berlin (1916–23) universities. By distinguishing the concept of law, which is
48
Carl L. Becker, The Heavenly City of the Eighteenth-century Philosophers (New Haven, Conn.: Yale
University Press, 1957), p. 8.

25
purely formal, from the ideal of law, which is the realization of justice, he emphasized,
unlike most 19th-century legal philosophers, the search for a theoretically valid ideal of
justice with which law ought to conform. That ideal, in Stammler’s view, was not
undisputable but reflected the degree of social harmony possible in a particular place and
time. Isaac Husik as The Theory of Justice (1925) translated one of his major works, Die
Lehre von dem richtigen Rechte (1902).49
He was a German professor of law, a father of contemporary natural law and a stronger
follower of Kant. He accepted notion that law is a regulation of external conduct while
ethics as having to do with the intention of the actor (motive). The Law should be sovereign
without interference and inviolable because a body of norms characterized by their
inviolability. There is neither ethics nor feeling nor conception of justice superior to
positive law. Therefore, law must be final without any other criterion to interfere with such
positive law. Once law is enacted, it is compulsory and binding to all despite someone‘s
inclination to follow it or not50
.
Legal regulation is the determining term of social activities, a theory of law must consider
every specific legal rule as a means to an end, and for this purpose there is need to look or
find a universal method of just law. Justice should be directed towards attaining the most
perfect of harmony in a particular community and time. It should aim to create harmony in
the society. Individual desires must be adjusted to the aim of the community i.e. the social
ideal is a commodity of free willing of men.
In realization of justice, the specific content of a rule of law will vary from place to place
and from age to age. The aim of just law is to achieve the highest possible harmony in the
society. There must be free willing men obeying the law in order to build a harmonious
society. This will be achieved by considering the following51
:-
49
https://www.britannica.com/biography/Rudolf-Stammler//on November 10, 2019 at
1604 Hrs
50
George, R, (ed.), 1992, Natural Law Theory: Contemporary Essays, Oxford: Clarendon Press.
51
https://mises.org/library/introduction-natural-law. Accessed on Sunday November 10, 2019

26
• Obedience should not depend on the arbitrariness of another. That to say
don ‘t harasses them in order to Obey. If you want to make your law to run ensure
that, the dignity of any person is maintained.
• When you enact the law don ‘t segregate people.
• Don ‘t degrades anybody in the society.
Gustav Radbruch (1878-1949)
He was the German professor of law. He opined that the ultimate goal of law was the
realization of justice. In order to realize justice there must be a stable legal order. To have
stable legal order there must be the following elements: -
a) Justice must be valued
b) Expedience of justice must be realized quickly as justice delayed is justice denied
c) There must be certainty in law
Justice demands that the equally be treated equally and the different be treated differently.
He says class treatment must be different. Law requires some recognition of individual
freedom and a complete denial by the state is false law. for the law to deserve its name and
fulfil its objective there must be certain absolute postulate (principles) that must be fulfilled
to make it really a law. A law must require some recognition by the state and complete
denial of individual freedom is false law52
.
Lon Luvois Fuller (1902 – 1978)
Lon Luvois Fuller was a noted legal philosopher, who wrote The Morality of Law in 1964,
discussing the connection between law and morality. Fuller was professor of Law at
Harvard University for many years, and is noted in American law for his contributions to
the law of contracts. His debate with H. L. A. Hart in the Harvard Law Review (Vol. 71)
was of significant importance for framing the modern conflict between legal positivism
52
Alexy, R, 2002, The Argument from Injustice: A Reply to Legal Positivism, Oxford: Clarendon Press

27
and natural law. Fuller was an important influence on Ronald Dworkin, who was one of
his students at Harvard Law53
He was of the view that there is a basic orderliness in all things, which is natural one. In
the case of law, one has to seek a natural order that underlies group. Our duty of making
law is to subject human conduct to follow the law. However, law should comply with
internal morality. This is because without morality in law such law would give undesired
results that are not good in law. Therefore, people must obey the law made by the state.
Internal morality of law deals with the procedural aspect of law. In order to build internal
morality of the law one has to abide with the following principles54
namely;
• Generality means forms of law should cover society generally.
• Promulgation means forms of law must be publicly promulgated.
• Absence of retrospective legislation. Law should be prospective and not
retrospective
• Clarity means Laws should be clear to the people. Vague laws make it difficult to
be obeyed by the people in the society.
• No contradictory rules
• There must be a system on how to change laws so that people must obey the same;
without hesitation.
• Law demands certainty in order to be obeyed / followed.
Corresponding between rules as announced and the administration, the administration of
laws should be in harmony with the laws itself External morality of the law, which deals
with contents i.e. what does the law contains. Consists of fundamental rules without
which society cannot survive. These fundamental principles are minimum morality of the
duty as follows55
53
https://www.goodreads.com/author/show/35418.Lon_L_Fuller//on November 10, 2019
54
Fuller, Lon, 1969, The Morality of Law, revised ed., New Haven & London, Yale University Press,
55
Simmonds, N.E., 2004, “Straightforwardly False: The Collapse of Kramer's Positivism,” Cambridge Law
Journal, 63:

28
• Human vulnerability required mutual forbearance. There is a need to
accommodate each other.
• Approximate equality i.e. there must be equality.
• Limited humanity or self-sacrifice
• Limited resources required the institutions of rules regarding property.
• Limited understanding strength of will lead to the requirement of voluntary
corporation with a coercive system.
To fuller, the most fundamental principle of natural law is an affirmation of the role of
reason in legal ordering.
John Finnis (1940)
John Finnis is certainly recognized as one of the best-known and most outstanding
contemporary representatives of the neo Thomist doctrine of natural law. He is most closely
associated with the so-called new theory of natural law, which is set out in his standard
study Natural Law and Natural Rights. Thus, when discussing him and his achievements,
one must of necessity focus, above all, on the propositions of his new theory of natural law.
John Mitchell Finnis (born 1940) is an Australian, and a professor of law at University
College, Oxford, and the University of Notre Dame (Indiana, U.S.A.). Inter alia, he teaches
jurisprudence, political philosophy, and constitutional law.
He studied at St. Peter’s College at the University of Adelaide, and studied for his doctorate
at University College in Oxford from 1962 to 1965. He started to teach there in 1966. Since
1989, he has been Professor of Law and the Legal Philosophy. He has also taught at
University of California, Berkeley, the University of Adelaide, the University of Malawi,
and Boston College. He is also a practicing lawyer, and a member of the Honorable Society
of Gray’s Inn in London. Finnis is regarded as one of the leading thinkers in contemporary
Anglo-Saxon philosophy of law, and as one of the widely recognized representatives of
contemporary Thomist thinking about natural law. His main work, Natural Law and

29
Natural Rights (first published in 1980), is recognized as one of the most important texts
in the twentieth-century legal philosophy.56
Finnis who in his writing ‘Natural Law and Natural Rights’, restated the importance of
natural law. For Finnis, ‘Natural’ is the set of principles of practical reasonableness in
ordering human life and human community. Drawing on Aristotle and Aquarius, Finnis
sets up the proposition that there are certain basic goods for all human beings.
The basic principles of Natural Law are pre-moral. These basic goods are objective values
in the sense that every reasonable person must assent to their value as objects of human
striving.
56
https://www.academia.edu/29946648/Chapters_John_Finnis_60-67_Law_and_Economics_103-
109_Equity_240-244_Legality_and_Legitimization_299-302_Cannibalism_303-311_?
auto=download//10thNovember 10, 2019

30
CHAPTER THREE
CONTEMPORARY NATURAL LAW
Natural law in the contemporary era has its own unique features. There are various
characteristics of contemporary Natural law, which we have today57
:
a) It rests on moral idealist but it is always coached in terms of internal variety; there
is a moral aspect.
b) It is based on Law with a changing content so that it does not rest on principle of
immutability.
c) Justice is emphasized in much contemporary law. Theory of justice is an
indispensable standard as the evolution of law is much more emphasized.
d) Social experience has been evaluated used as a basis as constructive search for legal
criteria to define human rights internationally in charters and programs vested in social
experience, which is integrated with value judgments.
Conclusion; this brief survey of the content of ‘Natural Law’ has varied from time to time.
It has been used to support almost any ideology, absolutism, individualism and has inspired
revolutions and bloodshed. It has greatly influenced the positive law and has modified it.
The law is an instrument not only of social control but of social progress as well, it must
have certain ends. A study of law would not be complete unless it extends to this aspect
also. The ‘Natural Law’ theories have essentially been the theories regarding the ends of
law. The ‘Natural Law’ principles have been embodied in legal rules in various legal
systems and have become their golden principles.
57
Fuller, Lon, 1969, The Morality of Law, revised ed., New Haven & London, Yale University Press

31
REFERENCES
BOOKS
• Adams, R. M, (1999). Finite and Infinite Goods: A Framework for Ethics,
Oxford: Oxford University Press.
• Alexy, R, 2002, the Argument from Injustice: A Reply to Legal Positivism,
Oxford: Clarendon Press
• Benson, B.L, (1990) “The enterprise of law, justice without the state”
Pacific Research Institute, ISBN 0- 936488-29
• Brian Bix, (1996) "Natural Law Theory," in Dennis M. Patterson (ed.), A
Companion to Philosophy of Law and Legal Theory, Cambridge: Blackwell
Publishing Co.,
• Carl L. Becker, The Heavenly City of the Eighteenth-century Philosophers
(New Haven, Conn.: Yale University Press, 1957)
• Curzon.L.B. B, (2001), Q&A Series, Jurispudence, 3rd
edn, London;
Cavendish Publishing ltd
• Dalvi, Y, Natural law Theories in Greek and Medieval Period; Legal Theory
paper.
• E, Kitime (2016), A Student Manual on Jurisprudence, edition from eBook,
• Ellickson, R. C., (1991). “Order without Law, How Neighbors Settle
Disputes” Harvard Barkow, JH, &Cosmides L, (1992) “The adapted mind,
Evolutionary psychology and the generation of Culture”, Oxford University Press
• Evers, "Social Contract: A Critique," The Journal of Libertarian Studies 1
(Summer 1977).
• Fuller, Lon, 1969, The Morality of Law, revised ed., New Haven & London,
Yale University Press

32
• George, R, (ed.), 1992, Natural Law Theory: Contemporary Essays,
Oxford: Clarendon Press.
• Gomez-L., A., 2002. Morality and the Human Goods: An Introduction to
Natural Law Ethics, Washington, DC: Georgetown University Press.
• Haakonssen, Knud, 1996. Natural Law and Moral Philosophy: From
Grotius to the Scottish Enlightenment, Cambridge, UK: Cambridge University
Press.
• Hobbes, Thomas, (1994). Elements of Law: Natural and Politic, J. C. A.
Gaskin (ed.), Oxford: Oxford
University Press. Cited as EL by chapter and section number
• John Locke, an Essay Concerning the True Origin, Extent, and End of Civil
Government, V.
• Klaus F, "Farewell to 'Legal Positivism': The Separation Thesis
Unravelling," in George, The Autonomy of Law.
• Murphy, Mark C., 2001. Natural Law and Practical Rationality, New York:
Cambridge University Press.
• Oderberg, D.S &T. Chappell (eds.), 2004. Human Values: New Essays on
Ethics and Natural Law, New York: Palgrave Chappell, T. D. J., (1995).
Understanding Human Goods, Edinburgh: Edinburgh University Press.
• N.V. Paranjape, Studies in Jurispudence and Legal Theory, published by
central Law Agency, India,
• Stokes (2006), Philosophy 100 Essential Thinkers, 1st edn, enchanted lion
books New York.
• Philippa R. F, (1978), Virtues and Vices Berkeley: University of California
Press.
• Philippa, (2001), Natural Goodness, Oxford: Oxford University Press.

33
• Robert P. George, "Natural Law and Positive Law," in George, the
Autonomy of Law.
• S. Gisela, (1986). Origins of the Concept of Natural Law, Proceedings of
the Boston Area Colloquium in Ancient Philosophy.
• S.R. Myneni, (2013), Jurisprudence (Leal Theory), Asia Law House, India-
Asia.
• Simmonds, N.E., 2004, “Straightforwardly False: The Collapse of Kramer's
Positivism,” Cambridge Law Journal, 63: 98.
• Thompson, M, 1995. “The Representation of Life,” in Rosalind Hurst
house, Gavin Lawrence, and Warren Quinn (eds.), Virtues and Reasons, Oxford:
Oxford University Press, pp. 247-296.
• Warren Quinn (eds.), Virtues and Reasons, Oxford: Oxford University
Press.
• Williamson M. Evers, "Hobbes and Liberalism," The Libertarian Forum
(May 1975): [available in PDF].
WEBSITE SOURCE
• https://www.academia.edu/29946648/Chapters_John_Finnis_60,67_Law_
and_Economics_103-109_Equity_240-244_Legality_and_Legitimization_299-
302_Cannibalism_303-311_?auto=download//
• http://www.bbc.co.uk/history/historic_figures/hobbes_thomas.shtml//
• https://www.goodreads.com/author/show/35418.Lon_L_Fuller//
• https://www.history.com/topics/british-history/john-locke
• https://www.britannica.com/biography/Immanuel-Kant/
• https://mises.org/library/introduction-natural-law//

34
Written and published by: -
DAVID DAUSON
EMAIL. davydawsy232017@gmail.com
TELL. +255 768 778 207
+255 783 386 050
IMELDA KILEO
Email kileoimelda95@gmail.com
Tell +255 762 726 363
+255 715 460 920
Edited by: -
Group Number One Volunteers in Jurisprudence & Legal Philosophy Mzumbe
University (Mbeya Campus College)
ANORD AUDAX, BARAKA MICHAEL, BEATRICE NYAGAWA, COSMAS
YOHANA, DAVIS KOMBA, HAMISI P. MAGELE, MSANGYA SALOME D,
MWAMPUA PAULY, MWENGUO J. LAWRENCE, NDUNGURU ALBANUS AND
SAYI PETER.
©Dauson David & Imelda Kileo, 2020

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