“Ancient Theories of Natural Law”:

In Greek there were small city states and the political condition of these city states was not able one. This situation motivated the jurists of Greece to think about source of law which is able to set universally acclaimed principles. On this their pursuit was set at rest when they could propound the theory of natural law.

Heraclites finds source of natural law in reasons. Socrates (470-399 BC) gives the principle of ‘insight’ to judge the law, this power of insight is the basis of law as it help to judge positive and negative aspect of thing and thereby man is able to frame moral rules i.e., source of natural law. His disciple Aristotle (384-322 B.C.) says man is part of the nature at two levels; first he is part of the creatures of the God and secondly he has been bestowed with reason.

Thus by reason man can discover natural law, as reason in itself is the part of reason. In Rome Stoic emerged as great jurist and gave concept of universal reason. He propounded that whole universal is governed by reason; human reason is just a part of it. To leave naturally one should leave by reason; according to him state should follow natural law. Thus all these jurists considered power of reasoning and thereby making rational choice as source of natural law. Man’s reason was considered part of nature and rules won over by reasons were considered natural law or natural justice. ‘Medieval theory of Natural Law”

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In Medieval age catholic theologizes and philosophers gave new dimension to the theory of natural laws. As in that period church and fathers occupied prominent position, we see direct influence of that position on jurist work as well. St. Augustine states, “Eternal law as the divine order or will of God which requires the preservation of natural order and forbids the breach of it.” Now natural law was also identified with the law of God.

Thomas Aquinas considers natural laws being supported by reason are part of divine law, for him “law is an ordinance of reason for the common good.” He considers that natural law / positive law / man made law should not cross circumspection of divine law as they are part of it, if they do the church being interpreter of divine law has right to declare them void.

Thomas says that the world is governed by divine reasons… and since the divine reason’s conception of things is not subject to time but is eternal; therefore, it is that, this kind of law must be called eternal.