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Jurisprudence – Revival of Natural Law Theories in Twentieth Century

Notes on Jurisprudence

Revival of Natural Law Theories

Revival of natural law principles in the 20th century The twentieth century is called the period of revival of natural law principles. Natural law was now considered to be variable according to time and space and was considered external and relative. This new and changed concept of natural law has been called “natural law with variable cenlents (elements)”. Now the function of natural law is to bring the real law closer to absolute justice.

 In the context of the revival of natural law, it would be appropriate to mention the natural law ideas of modern variations. Among these thinkers, Del Vecchio,  Geny, Lee Parr, Fur, Stammler and  Kohler etc. are prominent.

According to Del Vecchio, natural law is a theory related to the development of law that orients mankind towards greater autonomy.

According to Professor Genny, natural law consists of many logical principles and has consistency.

Fuller defined the natural method as “a specific method of thought”.

According to Stammler, the natural law is definitely the human will power. This method is not concerned with the activities of the external physical world, but its function is to relate the ends and means to each other.

According to Stammler, all the things in the world can be expressed in two forms, in the form of action and cause, as ends and means.

Stammler called the law an exceptionless universal binding volition.

Kohler, while expressing his views on natural law, has said that no law is eternal. Law should not be interpreted only from a materialistic point of view. Natural law plays an important role in the moral and cultural development of society. It is a strong instrument of social progress.

The natural law branch gave birth to the concept of “human rights”.

Bentham is a critic of natural law.

 Stoic philosophy belongs to the branch of natural law.

The place of natural law in the present Indian legal system

Natural law has a lot of place in the present Indian legal system. Many laws like the Abolition of Bonded Labor Act 1976, Prevention of Untouchability Act 1955, Minimum Wages Act, Normal Wages Act etc. are based on the rule of natural law.

 The law of natural justice of administrative law is also based on the principle of natural law.

Mitthu v. State of Punjab AIR.1983 In the Supreme Court case, Section 303 of the IPC was held to be unfair and illegal on the ground that it was mandatory for a prisoner serving life imprisonment for the offense of murder to be given the death penalty if he committed the offense of murder again. Considering this provision as a violation of Articles 14, 19 and 21 of the Constitution, it was declared illegal.

Peoples Union for Democratic Rights v. Union of India, A.I.R. In the case of the Supreme Court of 1982, the payment of wages to the laborers less than the minimum wage rate was considered a violation of Article 23 of the Constitution. In the case of Maneka Gandhi Vs Union of India, in the context of Article 21 of the Constitution, it was also determined to include due sequence under the procedure established by law.

 Hussainara Khatoon Vs. Home Secretary, State of Bihar A.I. R. In 1979, the Supreme Court determined that the right to life and liberty enshrined in Article 21 of the Constitution entitles the prisoners to speedy trial.

Olga Tellis A.I. R. In 1986 Supreme Court suit, the Supreme Court held that the right to life under Article 21 also includes the right to earn a living.

The provisions of Articles 15(4), 20(1), 23, 24 and 311 of the Constitution are based on the principles of natural law.

 Decided by the Supreme Court A.K. Krapak Vs Union of India AIR.1970, Union of India Vs Tulsiram Patel 1985 S.C.C. 398, Charan Lal Sahu v Union of India 1990 etc. have also given judgment on the basis of principles of natural law.

 The provisions of the Protection of Human Rights Act 1993 and the Commission for Women Act 1993 are also based on the principles of natural law.

 Jurisprudence

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