Thesis Abstract

In recent times, various rules and Laws have evolved in different areas of our legal system whose origin could be traced to the principles of the Natural Law School. In spite of the relevance of Natural Law for the development of a theory of Justice and for the criticism of unjust political structures, we would be amazed at how some barbaric rules still fall back on the Doctrine of Natural Law as the basis for its provisions. Chapter two of this study will deal mainly with the Classical Natural Law Philosophers and their various postulations on what Natural Law ought to be. A reflection will be made in chapter three, on the ways the Ideal Natural Law Jurists and the modern Natural Law philosophers see law. Also in this chapter, the criticism of the Natural Law School will be met, the Natural Law School, as will be espoused, was largely criticized by the Positivist School. This essay will not be complete without relating the Doctrine of Natural Law to our system. Recourse will be made to the African Charter on Human and People’s Rights. Effort will be made to locate and appreciate the term ‘Natural Law’ in our legal system, which comprise various areas in our substantive and procedural - such as Criminal Law, Law of Torts, Customary Law and so on. The important roles played by Natural Law in these areas, will be discussed by pointing out the particular area that is traceable to the postulations of Natural Law theorists. All these, we’ll see in chapter four. In the final analysis, more criticisms will be encountered on the wrong application of the Natural Law doctrine in some areas of our legal system and possible suggestions will be made in that respect.

Thesis Overview