TELEOLOGICAL SCHOOL

A Rough Draft Proposal Made By

Name- Vicky Kumar

Roll No- 1574

Class- B.A. LLB

Submitted to – Dr. Manoranjan Kumar

Rough Draft SUBMITTED IN PARTIAL FULLFILLMENT OF COURSE

JURISPRUDENCE I DURING THE ACADEMIC SESSION 2018-2019

21st August, 2018

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

Introduction

Natural law theory is one of the oldest theories among all the theories. Thus these laws are
popularly said to be god made laws. It is said to be emanated from supreme source as observed
by many jurist and philosophers. Legal thinkers have expressed diverse views on behalf of
natural law. Natural law philosophy dominated the Greece during 5th century BC when it was
believed it was eternal to man. Sophist calls it as an order of things embodies reason.

Natural law theory is a philosophical and legal belief that all humans are governed by basic
innate laws, or laws of nature, which are separate and distinct from laws which are legislated.
Legislated laws are sometimes referred to as “positive laws” in the framework of natural law
theory, to make a clear distinction between natural and social laws. This theory has heavily
influenced the laws and governments of many nations, including England and the United
States, and it is also reflected in publications like the Universal Declaration of Human Rights.
codified the concept of natural law, and it played an important role in Greek government

Later philosophers such as St. Thomas Aquinas, Thomas Hobbes, and John Locke built on the
work of the Greeks in natural law theory treatises of their own. Many of these philosophers
used natural law as a framework for criticizing and reforming positive laws, arguing that
positive laws which are unjust principles of natural law are legally wanting. The entire history
of natural law reveals an attempt by the jurists to provide the concept and contents of natural
law in human existence.

There are numerous branches of this theory, some of which are quite complex. Many of these
branches use natural law as a framework for discussing positive law, and some of these
branches are actually built into legal systems. In England, for example, members of parliament
may appeal to natural law theory in settling disputes, in the form of the Fundamental Laws of
England, a series of basic rights set out by William Blackstone in the 1760s.
At the outset, it is important to distinguish two kinds of theory that go by the name of natural
law. The first is a theory of morality that is roughly characterized by the following theses. First,
moral propositions have what is sometimes called objective standing in the sense that such
propositions are the bearers of objective truth-value; that is, moral propositions can be
objectively true or false.

The second thesis constituting the core of natural law moral theory is the claim that standards
of morality are in some sense derived from, or entailed by, the nature of the world and the
nature of human beings. St. Thomas Aquinas, for example, identifies the rational nature of
human beings as that which defines moral law: "the rule and measure of human acts is the
reason, which is the first principle of human acts"

AIMS AND OBJECTIVES

The Aims and Objectives of this project are:

1. To study the development of Natural law theory

2. To study how these provisions in Ancient, Medieval and Modern Era
3. To study the principles of Heraclitus, Socrates, Plato, Aristotle
4. To study the criticism of teleological school

HYPOTHESIS
The researcher considers the following hypotheses:

1. Even after the use of natural law has been prevalent since ages, even in the present legal
system the natural law is used extensively. The modern judicial system have been
founded on the British Pattern the fine principles of equality, justice and good
conscience and natural justice occupy an importance in Indian law.
2. It is also finds a prominent place in Directive principles of state policy and the
fundamental right under Indian constitution in which various rights and duties are put
up by the framers. The principles against double jeopardy and prohibition against self-
incrimination embodies the principles if natural law theory

RESEARCH METHODOLOGY
For this study, primary and secondary sources was utilized. Various constitutional provisions,
articles, e-articles, reports and books from library were used extensively in framing all the data
and figures in appropriate form, essential for this study.

The method used in writing this research is doctrinaire.

(3) LIMITATION OF THE PROJECT
Owing to the large number of topics that could be included in the project, the scope of this
research paper exceedingly vast. However in the interest of brevity and due to certain
restrictions like that of paucity of time etc, the researcher will not be able to deal with the topic
in great detail.
(B).REVIEW OF EXISTING LITERATURE
For the purpose of research the researcher will visit CNLU library and review various sources
available both of primary and secondary nature. Detailed review of literature will be provided
by the
researcher in the final draft.
(C).RESEARCH METHODOLOGY
(i) SOURCES OF DATA
Primary Sources – case laws.
Secondary Sources – Book , websites, journals, articles, magazines etc.

(D).TENTATIVE CHAPTERISATION

(a) Introduction

(b) Development of Natural law theory

(c) Ancient Period

(d) Medieval Period

(e) Modern Period

(f) Roman Concept

(g) Conclusion

The scope of research

This piece of study would be very helpful for the lawmakers as it would explicitly state about
its utility in the present context. If found of not much relevance there is an urgent need to either
amend or repeal it. Law exists to sub serve social needs and therefore it is desirable that it
should change with the changing needs of society and life otherwise its results would be
contrary to the general belief ‘Law Is Dynamic
Bibliography
Books

1) Jurisprudence, Fifth Edition- By RWM Dias.

2) A textbook of jurisprudence, fourth edition –by G.W Pattern
3) Jurisprudence Legal Theory- By Mani Tripathi
4) Republic- by Plato
5) Political dissent in democratic athens- by Josiah Ober
6) The Nicomacheam ethics- by Aristotle
7) Introduction of Jurisprudence – by Avtaar Singh
8) The Constitutional Law - by M.P Singh

Web Sources

1) Indiankanoon.com
2) legalservicesindia.com