Legal Theory

The primary purpose of the legal theory is to define law. There have been several theories of law. These different theories often look at law from various points of view.

According to the Natural law theory, There are objective principles, which depend on the essential nature of the universe, and which can be discovered by natural reason. From the point of view of the ordinary human being, law is only true law so far as it conforms to these fundamental rights. According to this theory, there are certain objective and absolute principles of morality and justice which are the basis of law. These principles can be ascertained by human which are the basis of law. These principles can be ascertained by human reason and common sense. Positive law, it man made law, has to conform to these fundamental principles. To the extent positive law is inconsistent with the principles of natural law, it does not claim obedience.

The roots of this theory are to be found in the philosophies of the ancient Greek philosophers. This theory is also responsible for much of the legal and political thinking of the middle ages. As Bodenheim rightly remarks, No other philosophy molded and shaped American thinking and American institutions to such an extent as did the philosophy of natural law in the form given to it in the seventeenth and eighteenth centuries.


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