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John Locke's Theory Of Natural Law

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The natural law has been understood to mean variety of things to different jurists/ philosophers viz., ideals, which guide the legal development and administration , basic moral quality in law which prevents a total separation of “is “ from “ought”, or the method of discovering perfect law by reason.
By summarizing the views of different jurists and philosophers, the term Natural law can be summarized as summation of those rule and principles, which derive their existence from a supreme (Eternal) source, rather than a political / worldly authority.
• Theory of Natural rights:
According to John Locke the human beings are entitled with certain basic rights( of life liberty and property) which are conferred upon them by God and nature. These …show more content…

These rights are natural because human nature being there primary source of evolution.
• Violation of human rights by the state
The concept of AFSPA, can be highly refuted by this school of thought. As according to them, the man made laws can be called as just and fair, only if theyare subjected to objective moral principles, and they does not violate the natural rights of the individuals, on whom they are imposed.
The state by enacting AFSPA, to attain national integrity and to fulfill the rhetoric of nationalism, tries to violate those basic human rights of the individuals, which are conferred to them by an eternal authority, which prohibits the state from violate them.
The provisions of AFSPA, such as section 4(a), gives the officer in charge, a power to arrest anyone, with minor suspicion of him possessing fire arms, and anyone who is part of an assembly of more than 5 people, and even kill them , if they according to that officer are trying to abscond. These powers are enough for the officers to violate the basic rights of life and liberty of the individuals of those ‘disturbed …show more content…

So humans, by tempering them, are challenging the will of God, and as a result, they are likely to make human affairs worse, rather than better. They believe that the human beings are imperfect creatures who are always in an urge for power, and can be persuaded to behave in a civilized fashion if they are deterred from expressing their violent anti social impulses. They believe that this can be done, only if they are governed by tough and strongly imposed law, which will be backed by sanctions, long prison sentences, and the use of corporal or even capital

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