Philosophical school - Lecture - Law, Lecture notes for Labour Law. University of Hyderabad
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Philosophical school - Lecture - Law, Lecture notes for Labour Law. University of Hyderabad

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Description about Philosophical / Natural School of Jurisprudence, Five Essential Characteristics of Philosophical / Natural School of Jurisprudence, Philosophical / Natural School, Natural Law,ORIGIN OF NATURAL LAW GREE...
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Philosophical / Natural School of Jurisprudence

Five Essential Characteristics of Philosophical / Natural School

of Jurisprudence

1. What is the element which is called law? 2. What is the nature of the law? 3. What makes law obligatory? 4. What is the source of law? 5. What are their philosophical views?

Philosophical / Natural School

1. What the law should be, ought to be. 2. Concerned with the element of law which is

made up of ideals as to the ends i.e. what legal precepts, ought to be.

3. They are for a purposive legal order. 4. Law is found but as a rule did not object to

authoritative formulation of legal precepts. 5. Binding force is moral, ethical force, as a rule

being a principle of right and justice.

Philosophical / Natural School

6. No particular choice for any form of law: (i) Nature (ii) Reason (iii) Religion

7. Hold diverse philosophical views.

8. Concepts like Natural law, Natural rights, Fundamental rights, Rule of law are the examples which aspire for a legal order higher than positive law.

Natural Law 1. Has flexible meaning. 2. It meant different and often contradictory things in the course of legal

history. 3. On the whole natural law has been used as an ethical justification - as the

ideal source of law. 4. Natural law as conceived by its exponents is that law which is inherent in

the: Man

Nature of: Society

and is independent of conventions or legislations or other institutional device.

Natural Law:

Chief Features are: (1) its method is basically an A Priori. (2) its meaning has been changing, confusing also

self contradictory as it has been used in the sense of: Natural Reason, Moral Ideal Law (with varying content), Social Justice,

.

5. The Principle of Human conduct from basic human nature are:

Absolute Immutable Universal

6. Natural law has been used as a Weapon and as a Shield to change or maintain status quo.

7. In India philosophy of natural law is enshrined in the Preamble, Parts III and IV of the Constitution which pertains to the promotion of material welfare of the common man.

Natural Law:

8. The concept of Rule of law in England, the Due Process of law in U.S.A. and the Procedure Established by law in India embody juristic traditions of Natural Law and philosophy wherein a sovereign must act under law in the administration of justice.

9. This is in essence the Natural law thinking by which Positive law is subjective to moral order.

ORIGIN OF NATURAL LAW GREEK PERIOD:

Under Greek Natural law was that set of principles which have some kind of immutability, a principle based on Reason or Divine, God -- Greek gave a conception of Universal law for all mankind - under which all men are equal and which is binding on all people. Natural law conforms to Nature alone-the predominant objective being to provide ideal standard for human conduct-free from arbitrariness and at the same time just and right.

ORIGIN OF NATURAL LAW GREEK PERIOD:

So, Greek philosophical speculation about justice, ethics became the bases of ancient jurisprudence, for example - to live according to Nature, was the end of man, that to the dictates of an eternal and unchanging law of nature. All human actions should be confirmed - chief doctrine was “Jus Naturale”

ROMAN PERIOD Romans used Natural law as an instrument of legal development and reform, based on ideal universal principles of Right - reason.

CHERISTIAN PERIOD

Natural law was identified with God and Law of Nature with Law of God. Natural Law therefore, was considered as will of God, Reveal to man by holly scriptures.

Thus, Natural law came to be related with Church, God and Religion.

MODERN PERIOD

After reformation period the authority of Church collapsed and jurisprudence was freed from theology and became a part of human nature - sources of law being the rational Nature of man - the freedom of the individual become the out standing feature of Natural Law - as dictate of right - reason.

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