Critical Analysis of Natural Law Theory and its Contribution to the Justice System

  • Ruchika Chaurasia and Tanya Sharma
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  • Ruchika Chaurasia

    Student at Delhi Metropolitan Education affiliated to GGSIPU, India

  • Tanya Sharma

    Student at Delhi Metropolitan Education affiliated to GGSIPU, India

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Abstract

The law which has natural attributes occupies an important and significant role in the realms of law, religion, philosophy, and morals from the ancient era. Its significance includes harmonizing, synthesizing, and upholding peace and justice. A great contribution has been attributed to protecting the public against injustice, tyranny, and misrule throughout different generations. Natural law theory to liberate people from politico-legal disorder. In an ordeal to trace the theory’s function and evolution Blackstone stated, “The natural law being co-existent with mankind and emanating from God himself is superior to all other laws and no man-made law will be valid if it is contrary to the law of nature”. According to Dr. Friedmann, the history of natural law is a story about humanity's pursuit of absolute justice and its failure. As a result, natural law theory represents a never-ending pursuit for absolute fairness. It is not be assumed that natural law is only theoretical; its practical value is rooted in key past events and circumstances that shaped liberalism and individual liberty. This philosophy spurred adherents to revolt against totalitarian governments in France and Germany. The concept of natural law has been differently explained by various legal thinkers and writers throughout different time zones. Most jurists claim that natural law engulfs ideals that lay the outline of legal development and administration; on the other hand, others describe it as a perfect and inferable law by reason. The present research paper focuses on the prompt effect of natural law theory through its historical evolution which brought the transformation in the old prevailing legal system while simultaneously contributing to the development, validity, and expansion of international and municipal law of nations. The authors have further deciphered the current universal applicability of natural law principles through different legal systems.

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Research Paper

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International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 2892 - 2906

DOI: https://doij.org/10.10000/IJLMH.115131

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