Noverties AG case on Patent Law

Natural law theory is closely related to justice and ethics. That just laws are immanent in nature; they can be “discovered” or “found” but not “created” by such things as a bill of rights. That they can emerge by the natural process of resolving conflicts, as embodied by the evolutionary process of the common law; the natural law philosophy occupies an important place in the realm of politics, law, religion and ethics in harmonistic and promoting peace and justice in different periods and protected public from injustice and misrule.

Natural law or the law of nature (Alex naturalist) has been described as a law whose content is set by nature and that therefore has validity everywhere. Aristotle has the key contribution on Natural law Jurisprudence and natural right. His follower’s natural process tended towards predetermined ends: acorns grew into oaks, etc which means “What each thing is when fully developed we call its nature, whether we are speaking of a man, a horse or a family” in doing this they fulfilled their natural function.

Man, too according to this view had his own proper function which could be discovered by reason and thought. This gives us the idea of “the good”. The good for the species is the “end” it will reach if its progress is not impeded. Similarly, a part of something can be understood only by reference to its contribution to the whole to which it belongs. In these terms man can be understood only as a part of a properly functioning social whole. In Monomaniacal Ethics, Aristotle argued that law supports a virtuous existence, advances the lives of individuals and promotes the ‘perfect community.

Aristotle divided ‘political’ justice into ‘natural’ and ‘conventional’ justice. According to Aristotle, the content of ‘natural’ justice (universal law) is set by nature, which renders it immutable and valid in all communities. In contrast, ‘conventional’ justice comprises rules devised by individual immunities to serve their needs. Aristotle argued ‘conventional’ justice is subject to change (depending on the form of government), and is therefore subordinate to ‘natural’ justice. In Monomaniacal Ethics, Aristotle identified a further t-van. Or types of justice: distributive and corrective.

For Aristotle distributive justice involves allocating common property proportionally to individuals on the basis of merit. Corrective justice serves to redress any unfairness which may result from private transactions that violate an individual’s property rights or Other rights and philosophy of corrective justice s used in our case. Whilst distributive justice promotes proportionate equality within society, corrective justice deals with the administration of the law through a judge or mediator. In The Politics, Aristotle proposed the law should function to promote the ‘perfect community’.

For Aristotle, the ideal political entity was a polis or city state ruled by a balance of democracy, a combination which creates the most stable state. Aristotle also suggested people are ‘political animals’ and are naturally suited for life in a city state. Aristotle made another important contribution when he developed the allegorical approach. Teleology is a method of reasoning whereby a phenomenon is explained by reference to the purpose it serves. Teleology enabled Aristotle to understand which natural human inclinations are ‘good’ and how a ‘perfect’ society may be achieved.

He has also greatly contributed in NATURAL RIGHT philosophy. Aristotle pioneered a new concept of rights that were never discussed before his time. Aristotle argued that the individual deserved the right to enjoy an equality based society. Each individual had rights that existed within nature by definition (natural law). Aristotle argues that a natural right is a type of inherent or “inalienable right”. Bernard Hack defines Aristotle concept of natural right as “the idea that for every particular situation there exists one inherently just state of affairs against which we can measure the justice of our actions and opinions”.

Through just action, the state determines the natural right of the individual in maintaining order in political society 1 under his work the pure theory of Natural law and Natural right was widely used around the Globe. His complete theory was further applied and interpreted by SST THOMAS AQUINAS, and most of the Aristotle work is seen by the Lens of Jurist Thomas Aquinas. In our constitution, the Fundamental Rights and Directive principles are all the laws came from the philosophy of Natural Law and Justice and Natural Right, which cannot be violated because of its reason as basic principle.