• Research/Scholar Paper name – Natural Law: Relevance in Today’s time and Reflection in the Constitution
  • Author:  Kosha Doshi
  • Institution: Symbiosis Law School, Pune
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 25/05/2021

Abstract:

Natural law proceeds from an assumption that law is a social necessity based on the moral perceptions of rational persons and that any law which violates certain moral codes is not valid at all. Jus Naturale (law of nature) is an abstract form that embodies the principle of justice in its true form. Natural law is based on certain universal principles, discoverable through reason making it eternal, immutable and based on the inherent nature of humans. It forms an expression of some higher law, either secular or theological in their identification of the higher law which governs human society. The theological view is of the opinion that the universe is created by a deity who has laid down principles that eternally surround human nature. The secular view states that there exists a certain sense of morality intrinsic to humans and their nature. It reflects the conscience of humans by application of reason and the capacity of humans to move towards good virtues. Both these theories bring forth the notice of a higher law to which all humans must strive to conform.


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Natural Law: Relevance in Today’s time and Reflection in the Constitution

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