Natural School; Jurisprudence of Law of Nature

Abstract

Natural law has different eclectic thought. It can be classified as ancient natural law; dark period; medieval period; social contract period; enlightment period; and revival period. Under ancient natural law, there are the theories of Greek and Roman philosophers whereas Dark period is represented by St. Thomas Augustine; medieval period is embodied by St. Thomas Aquinas; classical period is exemplified by distinctive social contract theories of Hobbes, Locke and Rousseau; enlightment period is epitomized by Kant; downfall period is pictured by emergence of positive school and revival period is symbolized by Stammler, Finnis and Fuller. Finally, HLA Hart also accepted minimum content of natural law not as a criterion of validity of positive law but as a supportive qualification of positive law. Additionally, destiny, order and reason are the part of natural law for Heraclitus, Socrates rejects manmade law and accepts afterlife law of God, Plato supports philosopher King and harmony of various spoons, and Aristotle holds on local justice with distributive and corrective justice. Even in ancient natural law, there were Sophist and Stoics. Sophists advocated positive philosophy whereas Stoics championed natural philosophy with perfections. Cicero argues that too many laws exploit the justice. During dark period, there was conflict between Church and State. St. Augustine took the side of Church law whereas in medieval period St. Thomas Aquinas trusts natural law and man-made law in parallel. In social contract theory as a movement of renaissance, Hobbes supports absolute government, Locke embraces limited government and Rousseau carries general will of people. Kant favors transcendental aspect of law and individual freedom as methodical approach. After the lesson learned from downfall of natural law, Stammler props law as the variable content, Finnis adapts common goods and Fuller holds up inner and outer morality. Finally, HLA Hart, a positivist philosopher, welcomes minimum content of natural law as a subsidiary part of positive law.