The Philosophical School of Jurisprudence, often identified with the Natural Law School, views law primarily through the lens of reason and morality (what law ought to be). It is one of the oldest schools of legal thought.

Core Concepts

• • Law is based on Reason and Morality: The fundamental belief is that there is a higher, universal moral law or set of ethical principles inherent in nature or discoverable by human reason, and human-made (positive) law must conform to these principles to be considered truly valid or "just."
• • Purpose of Law: It focuses on the end or purpose of law—the ideal it is intended to achieve, such as justice, freedom, or social harmony—rather than merely on its existing form or historical development.
• • Universal and Eternal Principles: Adherents believe in certain universal, eternal principles of justice and right that are not dependent on the laws of any particular state or society.

Key Thinkers and Evolution

The philosophical school has evolved significantly over different periods:

• • Ancient Period (e.g., Socrates, Plato, Aristotle, Cicero): Law was viewed as part of a rational order, with a distinction made between what is "just by nature" (natural law) and what is "just by law" (positive law).
• • Medieval Period (e.g., St. Thomas Aquinas): Integrated natural law with Christian theology, classifying law into eternal, natural, divine, and human law, asserting that human law is only valid if it aligns with natural law.
• • Renaissance/Enlightenment (e.g., Hugo Grotius, John Locke, Immanuel Kant, Jean-Jacques Rousseau): Re-emphasized natural law, often focusing on individual rights (life, liberty, property) as existing independently of the state.

Distinction from other Schools

Unlike the Analytical School (Legal Positivism), which separates law from morality and sees law as simply the command of the sovereign, the Philosophical School insists on a necessary connection between law and ethics. It concerns itself not just with the law as it is but also with the law as it ought to be.