Menu

Natural Law Jurisprudence

0 Comment

It is the science or philosophy of law. It applies to substantive law and to the legal system in general. It is based on the fundamental principle of ‘just society’ which means in a democratic country, all are equal and their rights (personal and property rights) should be protected before the law. Judges apply it without favor or fear. Jurisprudence implies creating a body of law and methods for interpreting the law, studying the relationships between law and society, and predicting the effects of legal decisions. (Wikipedia) . The purpose of jurisprudence is to "achieve social order through subjecting people’s conduct to the guidance of general rules by which they may themselves orient their behavior" (Fuller 1965, 657).

The word ‘Teleology is derived from the Greek word ‘telos, which means "goal", purpose".(– page: sociology 3rd ref ). The ancient world was permeated by teleological thought, that is, a belief that everything has a pre-ordained purpose – there’s a pattern to the world and to each thing in it. (Socrates, Aristotle, the Stoics – also the Oracle in The Matrix). It is based on the Greek concept of ‘eudemonism’ which means that people live a satisfying life based on Universal laws. The Greeks viewed the universe as self-correcting.
“ The state, like all things, has a certain end. A just state is one that is organized in such a way as to achieve this teleological purpose.”(Plato: The Republic).“Within the state, every person has a role or function, and ‘just conduct’ lies in fulfilling his or her role. ”( Aldous Huxley’s novel Brave New World). Aristotle and Thomas Aquinas were great supporters of teleology.
Whether “ Natural Law Jurisprudence automatically lends itself to the teleological approach”? In order to analyze this question, first, we have to understand the characteristics of Natural law and teleology.