THE EVOLUTION OF NATURAL LAW THEORY IN MODERN LEGAL SYSTEMS

Abstract

Nowadays, we think a great deal about positive law that designs many of our contemporary legal systems. But more often than not, we forget or push back on the baselines and basics of natural law. Although natural law can be somewhat esoteric and so understandably escape the notice of many, it is the ultimate standard that determines whether a positive regulation is fair or just (or alternatively unjust and immoral). On the one hand, positive law operates through rules that human institutions establish, whereas
natural law (Nuredin, A.,2016), on the other hand is based on universally accepted principles that extends beyond time and context (Finnis, 1980). In that sense, it serves as the ultimate standard by which all human-made laws will be judged. Contrary to the belief that natural law is an outdated or antiquated concept, I maintain that it is not "old" but rather "timeless." Its enduring relevance persists, and it remains a valid framework for assessing and challenging any positive law that seeks to curtail or undermine natural rights. Politicians and lawmakers, throughout history, have frequently imposed exceptional, urgent, or even abusive regulations that suppress fundamental freedoms under the guise of necessity or public order. In such instances, natural law provides a crucial counterbalance by affirming the inherent dignity and rights of individuals that no positive law, regardless of circumstance, has the authority to infringe upon (Aquinas, 1988). In this article, we aim to accomplish four key objectives. First, we will present a clear and precise definition of natural law, outlining its essential characteristics and how it functions as a moral foundation for legal systems. Second, we will explore its historical and philosophical development, drawing on classical thinkers like Aristotle, Aquinas, and Grotius, as well as modern interpretations. Third, we will examine the distinctions between positive law and natural law, emphasizing their complementary yet often conflicting roles in shaping legal structures (Finnis, 1980). Finally, we will argue for the continued relevance of natural law in contemporary legal discourse, particularly in resisting the erosion of natural rights
by arbitrary or unjust legislation. Through this exploration, we will demonstrate that natural law remains not only a theoretical
construct but a practical tool for ensuring justice and fairness in legal systems around the world.