Question

Natural law is the idea that

• A. there are rational objective limits to the power of legislative rulers.
• B. there are no limits to the power of legislative rulers.
• C. there are limits to the power of the executive laid by the legislature.
• D. Law is the command of the sovereign

Hint:

Remember the fundamental conflict in jurisprudence: \textbf{Natural Law} says an unjust law is no law at all (\textit{lex injusta non est lex}) because law must conform to a higher morality. \textbf{Legal Positivism} says a law is a law if it is made by the correct authority, regardless of its moral content.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the core idea behind the school of Natural Law. Natural Law is one of the oldest and most enduring theories in jurisprudence. It posits a connection between law and morality and suggests the existence of a higher, universal law.
Step 2: Detailed Explanation:
\begin{itemize} \item Core Tenet of Natural Law: Natural Law theory asserts that there are certain universal, objective, and unchanging moral principles that are inherent in human nature and discoverable by reason. These principles form a "higher law." According to this view, man-made law (positive law) is only valid insofar as it conforms to this higher law. If a law made by a ruler or legislature is grossly unjust or violates these fundamental moral principles, it is not a true law. This creates a moral and rational limit on the power of lawmakers. \item Analyzing the Options: \begin{itemize} \item (A) there are rational objective limits to the power of legislative rulers. This perfectly captures the essence of Natural Law. It states that lawmakers are not omnipotent; their power is limited by objective principles of reason, justice, and morality. \item (B) there are no limits to the power of legislative rulers. This is the opposite of Natural Law theory and is more aligned with an extreme version of legal positivism. \item (C) there are limits to the power of the executive laid by the legislature. This describes the principle of parliamentary control over the executive within a system of positive law, not the core idea of Natural Law. \item (D) Law is the command of the sovereign. This is the classic definition of law given by John Austin, a leading proponent of Legal Positivism, which is the main rival school of thought to Natural Law. \end{itemize} \end{itemize}
Step 3: Final Answer:
Natural law is the idea that there are rational objective limits to the power of legislative rulers.