ABSTRACT

Natural Law theory generally comprises an approach which seeks to explain law as a phenomenon whose existence is an expression of some higher law, to which it must necessarily approximate.

Natural Law theories have historically tended to be either secular or theological in their identification of the ‘higher law’ which governs human society and which provides the model for human law:

• Theological theories These regard the universe, including human society, as having been created and as being currently governed by some deity, who has laid down constant principles which must eternally control all of creation. These principles have been made known to humanity through revelation in the scriptures, and they are common for all societies. Such principles provide the morality which must govern

all human communities and they constitute a higher law to which all social arrangements, including the laws created by people, must strive to approximate.