LJU4801
MAY/JUNE PORTFOLIO 2026
UNIQUE NO.
DUE DATE: 01 JUNE 2026
,Legal Philosophy - LJU4801
MAY/JUNE 2026
QUESTION 1
The legal philosophical approach advocated by Martin Luther King Jr. in his “Letter from
Birmingham Jail” is the Natural Law Theory. According to this theory, there is a higher
moral law that stands above human-made laws. A law is only valid and deserving of
obedience if it is morally just. If a law is unjust, people not only have the right to disobey
it, but may even have a moral duty to resist it.
King’s statement that people have “a moral responsibility to disobey unjust laws” reflects
the central principle of natural law theory: law and morality are interconnected. A law
that violates moral principles, human dignity, or justice loses its legitimacy.
Origin and Development of Natural Law Theory
Ancient Greek Origins
Natural law theory originated in Ancient Greece. Philosophers such as Socrates, Plato,
and especially Aristotle believed that there is a natural order governing the universe and
human society. Aristotle argued that humans possess reason and can therefore
discover universal principles of justice and morality through rational thought.
The Stoic philosophers later developed these ideas further. They believed that all
people are governed by universal reason and that natural law applies equally to
everyone regardless of status or nationality.
Roman Contributions
The Romans incorporated natural law into legal thinking. Cicero argued that true law is
right reason in accordance with nature. According to Cicero, unjust laws are not true
laws because they conflict with universal moral principles.
, Roman jurists distinguished between:
Jus civile – law applying to Roman citizens;
Jus gentium – law common to many nations; and
Jus naturale – universal natural law derived from nature and reason.
Medieval Development
Natural law theory was further developed during the Middle Ages by Christian
philosophers, especially Thomas Aquinas. Aquinas combined Christian theology with
Aristotelian philosophy.
Aquinas argued that:
God created an eternal law governing the universe;
Humans participate in this eternal law through reason;
Human-made laws must conform to natural law to be valid.
According to Aquinas:
“An unjust law is no law at all.”
This idea directly influenced Martin Luther King Jr.’s argument. King even quoted
Aquinas in his letter when discussing just and unjust laws.
Modern Natural Law Theory
During the seventeenth and eighteenth centuries, natural law influenced thinkers such
as John Locke, Jean-Jacques Rousseau, and Hugo Grotius. These philosophers
emphasized natural rights such as liberty, equality, and human dignity.
Natural law became closely associated with:
Human rights;
Constitutionalism;
MAY/JUNE PORTFOLIO 2026
UNIQUE NO.
DUE DATE: 01 JUNE 2026
,Legal Philosophy - LJU4801
MAY/JUNE 2026
QUESTION 1
The legal philosophical approach advocated by Martin Luther King Jr. in his “Letter from
Birmingham Jail” is the Natural Law Theory. According to this theory, there is a higher
moral law that stands above human-made laws. A law is only valid and deserving of
obedience if it is morally just. If a law is unjust, people not only have the right to disobey
it, but may even have a moral duty to resist it.
King’s statement that people have “a moral responsibility to disobey unjust laws” reflects
the central principle of natural law theory: law and morality are interconnected. A law
that violates moral principles, human dignity, or justice loses its legitimacy.
Origin and Development of Natural Law Theory
Ancient Greek Origins
Natural law theory originated in Ancient Greece. Philosophers such as Socrates, Plato,
and especially Aristotle believed that there is a natural order governing the universe and
human society. Aristotle argued that humans possess reason and can therefore
discover universal principles of justice and morality through rational thought.
The Stoic philosophers later developed these ideas further. They believed that all
people are governed by universal reason and that natural law applies equally to
everyone regardless of status or nationality.
Roman Contributions
The Romans incorporated natural law into legal thinking. Cicero argued that true law is
right reason in accordance with nature. According to Cicero, unjust laws are not true
laws because they conflict with universal moral principles.
, Roman jurists distinguished between:
Jus civile – law applying to Roman citizens;
Jus gentium – law common to many nations; and
Jus naturale – universal natural law derived from nature and reason.
Medieval Development
Natural law theory was further developed during the Middle Ages by Christian
philosophers, especially Thomas Aquinas. Aquinas combined Christian theology with
Aristotelian philosophy.
Aquinas argued that:
God created an eternal law governing the universe;
Humans participate in this eternal law through reason;
Human-made laws must conform to natural law to be valid.
According to Aquinas:
“An unjust law is no law at all.”
This idea directly influenced Martin Luther King Jr.’s argument. King even quoted
Aquinas in his letter when discussing just and unjust laws.
Modern Natural Law Theory
During the seventeenth and eighteenth centuries, natural law influenced thinkers such
as John Locke, Jean-Jacques Rousseau, and Hugo Grotius. These philosophers
emphasized natural rights such as liberty, equality, and human dignity.
Natural law became closely associated with:
Human rights;
Constitutionalism;
