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    Natural Law Vs Legal Positivism

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    mcben9
    Natural law and legal positivism offer opposing views on the relationship between law and morality. Natural law holds that law should reflect moral reasoning and moral order, deriving from principles of natural justice. Legal positivism, which developed later, believes law and morality are separate, and that valid law is simply that enacted by legal authorities through a political process, without consideration of moral standards. The key difference between the two schools of thought concerns whether moral philosophy should influence law.

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    Natural Law Vs Legal Positivism

    Uploaded by

    mcben9
    76 views2 pages
    Natural law and legal positivism offer opposing views on the relationship between law and morality. Natural law holds that law should reflect moral reasoning and moral order, deriving from principles of natural justice. Legal positivism, which developed later, believes law and morality are separate, and that valid law is simply that enacted by legal authorities through a political process, without consideration of moral standards. The key difference between the two schools of thought concerns whether moral philosophy should influence law.

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    Natural law and legal positivism offer opposing views on the relationship between law and morality. Natural law holds that law should reflect moral reasoning and moral order, deriving from principles of natural justice. Legal positivism, which developed later, believes law and morality are separate, and that valid law is simply that enacted by legal authorities through a political process, without consideration of moral standards. The key difference between the two schools of thought concerns whether moral philosophy should influence law.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    76 views2 pages

    Natural Law Vs Legal Positivism

    Uploaded by

    mcben9
    Natural law and legal positivism offer opposing views on the relationship between law and morality. Natural law holds that law should reflect moral reasoning and moral order, deriving from principles of natural justice. Legal positivism, which developed later, believes law and morality are separate, and that valid law is simply that enacted by legal authorities through a political process, without consideration of moral standards. The key difference between the two schools of thought concerns whether moral philosophy should influence law.

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    © All Rights Reserved
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    NATURAL LAW VS LEGAL POSITIVISM

    POINT OF COMPARISON NATURAL LAW LEGAL POSITIVISM


    HISTORY It can be traced to Ancient Greece. It largely developed in the 18th
    and 19th centuries.
    MORAL ORDER Law should reflect moral order. There is no connection between
    law and moral order.
    GOOD LAW Good law is the law that reflects Good law is the law that is
    natural moral order through reason enacted by proper legal
    and experience. authorities, following the rules,
    procedures, and constraints of
    the legal system.

    Natural law and legal positivism are two schools of thought that have opposing views on the connection between law and morals. Natural law
    holds the view that law should reflect moral reasoning and should be based on moral order, whereas legal positivism holds that there is no
    connection between law and moral order. These contradictory views regarding law and morals are the key difference between natural law and
    legal positivism.

    What is Natural Law?

    Natural laws derive their validity from moral order and reason, and are based on what is believed to serve the best interests of the common
    good. It is also important to note that the moral standards that govern human behavior are derived to some extent from the inherent nature of
    the human beings and the nature of the world. In the perspective of natural law, good law is a law that reflects natural moral order through
    reason and experience. It is also important to understand the word moral here is not used in a religious sense, but it refers to the process of
    determining what is good and what is right based on reasoning and experience.
    The history of natural law philosophy can be traced back to Ancient Greece. Philosophers such as Plato, Aristotle, Cicero, Aquinas, Gentili,
    Suárez, etc. have used this natural law concept in their philosophies.

    What is Legal Positivism?

    Legal positivism is an analytical jurisprudence developed by legal thinkers such as Jeremy Bentham and John Austin. The theoretical foundation
    of this concept can be traced to empiricism and logical positivism. This is considered historically as the opposing theory of natural law.

    Legal positivism holds the view that source of a law should be the establishment of that law by some socially recognized legal authority. It is also
    of the view that there is no connection between law and morals since moral judgments cannot be defended or established by rational
    arguments or evidence. Legal positivists consider good law as the law that is enacted by proper legal authorities, following the rules, procedures,
    and constraints of the legal system.

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