Aabha Powale, Vivekanand Education Society’s College of Law, Mumbai
ABSTRACT
In the realm of jurisprudence, the question of why individuals should obey the law has persisted through centuries of legal and philosophical discourse. From a legal standpoint, the obligation to obey laws is inherent in the social contract between citizens and the state. Laws are established through democratic processes or legitimate authorities, embodying the collective will and interests of the populace. By consenting to live within a society governed by laws, individuals tacitly agree to abide by its legal framework. Failure to do so not only undermines the legitimacy of the legal system but also erodes the social fabric upon which communities rely. Among the various schools of thought that attempt to address this question, the Natural Law School stands out for its emphasis on the inherent moral principles that underpin law and governance.
The Natural Law School of Jurisprudence offers a compelling perspective on the question of why individuals should obey the law. Rooted in the belief that there exists a higher, universal law that governs human behavior, proponents of this school argue that obedience to the law is not merely a matter of compliance with arbitrary rules, but rather a reflection of fundamental moral principles inherent in the natural order. One of the key figures associated with the Natural Law School is the ancient Greek philosopher Aristotle, who argued that there exists a natural order or purpose to which all things aspire. Building upon Aristotle's ideas, later thinkers such as Thomas Aquinas further developed the concept of natural law within a Christian theological framework, positing that God's divine wisdom is reflected in the natural order and that human laws should be in harmony with this divine plan.
From the perspective of natural law jurisprudence, obedience to the law is seen as a moral obligation stemming from the recognition of these higher principles. Unlike other schools of thought that may emphasize obedience to authority or the social contract as the basis for legal compliance, natural law theory posits a deeper rationale grounded in the inherent morality of the law itself. Furthermore, proponents of natural law argue that disobedience to unjust laws may be not only permissible but morally obligatory.
This paper has been divided into three parts. Part I delves into the understanding Natural Law School of jurisprudence & obeying the Law. Part II takes us to the Evolution of Natural Law Theory. Part III considers the key principles of Natural Law School and its implications.
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