Question

The development of the tradition of natural justice into one of natural law is usually attributed to the

• A. Stoics
• B. Positivists
• C. Historical School
• D. Analytical School

Hint:

Remember the chronological and philosophical development of legal thought. Natural law theories (Stoics, Aquinas) predate Positivism (Bentham, Austin) and the Historical School (Savigny). Understanding this timeline helps answer questions about the origins of legal concepts.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question traces the historical and philosophical origin of natural law, which is the foundation for the principles of natural justice. Natural law theory posits that there are universal moral and ethical principles inherent in human nature and that these principles form the basis for a just legal system.
Step 2: Detailed Explanation:
- The Stoics, ancient Greek and Roman philosophers (like Cicero), are credited with developing the concept of natural law. They believed in 'logos' – a universal reason or divine law that governs the cosmos. They argued that human law should align with this higher, rational natural law to be considered just. This idea of a universal, inherent justice is the direct ancestor of modern concepts of natural justice.
- Positivists (like Austin and Hart) and the Analytical School are essentially the same. They argue that law is what is 'posited' or laid down by the sovereign or a recognized authority. They separate law from morality and would not attribute the development of natural justice to a higher moral law.
- The Historical School (like Savigny) believed that law is not made but is found in the customs, traditions, and spirit of the people (\textit{Volksgeist}). Their focus was on the organic growth of law from society, not on universal rational principles.
Step 3: Final Answer:
The development and popularization of the idea of natural law, from which natural justice principles are derived, is historically attributed to the Stoics.

Answer 2

This question traces where the idea of natural law, the ancestor of modern natural justice, actually came from historically. Let's check each option against what we know of these schools of thought.

1. Stoics: The Stoic philosophers of ancient Greece and Rome, including thinkers like Cicero, developed the idea of a universal reason, often called logos, that governs the whole of nature and human affairs alike. They argued that a rule made by human authority is only truly law if it conforms to this higher, rational order common to all people. This belief in a universal, rationally discoverable standard of justice, sitting above and testing human-made rules, is the direct root of natural law thinking, and from there, of natural justice.
2. Positivists: Positivist thinkers hold the opposite view, that law is whatever has been laid down by a recognised authority, and that its validity has nothing to do with whether it is moral or just. A school built on separating law from morality could not be the one credited with developing natural law, since natural law is precisely about linking the two.
3. Historical School: Associated with Savigny, this school taught that law grows organically out of a people's customs, habits, and shared spirit, often called the Volksgeist, rather than being invented by a lawgiver or discovered through pure reason. Its explanation for where law comes from is cultural and evolutionary, not a claim about a universal rational order, so it does not match either.
4. Analytical School: This school, closely linked to Austin, studies law as it actually exists, focusing on its structure, sources, and the sovereign's command, while deliberately setting aside questions of morality or higher justice. Like the positivists, this makes it an unlikely source for a theory that insists human law must answer to a higher natural standard.

Among all four, only the Stoics built their philosophy around exactly this idea, a universal rational order that human law should mirror, which is the seed that grew into both natural law and natural justice.

So the correct answer is Stoics.