Difference Between Legal Positivism And Natural Law Theory

Natural law theory is a legal theory that recognizes law and morality as deeply connected, if not one and the same. Natural law theorists believe that human laws are defined by morality, and not by an authority figure. Humans are guided by human nature and the term natural law is derived from the belief that human morality comes from nature. From a natural law perspective, legal systems have a function which is to secure justice. Moreover, according to the natural law theory, a law that does not provide justice is not considered a law at all. Therefore, a law that is flawed is a law that no one should follow. In short, any law that is good is moral and any moral law is good. Natural law comes from the moral principles common to all people by

This theory believes that a law can be deeply flawed, and still be considered a law. Moreover, legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. It’s basically law established or recognized by governmental authority. Legal positivism is the idea that the existence and content of law depends on social facts and not on its merits. According to positivism, law is a matter of what has been posited (ordered, decided, practiced, tolerated, etc.) In short, legal positivism is the legal philosophy that argues that any and all laws are nothing more and nothing less than the expression of the will of whatever authority created them. Therefore, no laws can be regarded as expressions of higher morality or higher principles to which people can appeal when they disagree with the

The legal positivism theory is more logical and makes more sense than the naturalist theory. After all, it is true that a law can be flawed but that doesn’t make it any less of a law. Whereas in the natural law theory they believe that if a law is grossly unjust than it’s simply not considered a law and should not be followed. However, that’s not the way it goes and that’s not the way the American legal system is set up. Just because a person doesn’t agree with a law or doesn’t think it provides justice doesn’t make it any less of a law. A law is a law and still has to be followed whether you agree with the law or not. I also agree with the positivist theory in regards to the fact that law is established by governmental officials. For the most part, laws do not and should not reflect God-given laws and there should not be any religious aspect involved in the country’s laws. Law and morality should also be separated from each other and in the naturalist theory they are not