Natural law says that certain rights are inherent by virtue of human nature and can be understood universally through human reason. Explain.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2021
Natural law says that certain rights are inherent by virtue of human nature and can be understood universally through human reason. Explain.

Answer & Explanation:

Natural School Natural law says that certain rights are inherent by virtue of human nature and can be understood universally through human reason. Under this school fall most of the ancient definitions given by Roman and other ancient Jurists. Ulpine defined Law as "the art or science of what is equitable and good." Cicero said that Law is "the highest reason implanted in nature." Justinian's Digest defines Law as "the standard of what is just and unjust." In all these definitions, propounded by Romans, "justice" is the main and guiding element of law. Ancient Hindu view was that 'law' is the command of God and not of any political sovereign. Everybody including the ruler, is bound to obey it. Thus, 'law' is a part of "Dharma". The idea of "justice" is always present in Hindu concept of law. Salmond, the prominent modern natural law thinker, defines law as "the body of principles recognised and applied by the State in the administration of justice." In other words, the law consists of rules recognised and acted upon by the courts of Justice. It may be noted that there are two main factors of the definition. First, that to understand law, one should know its purpose: Second, in order to ascertain the true nature of law, one should go to the courts and not to the legislature.

Topics: Jurisprudence

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