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Natural law or the law of nature ( lex naturalis) is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. On the other hand, positive law or legal positivism is a school of thought in philosophy of law and jurisprudence which posits that that there is no inherent or necessary connection between the validity conditions of law and ethics or morality. Therefore, in legal positivism, the la is seen as being conceptually separate (though of course not separated) from moral and ethical values, and it simply sees the law is posited by lawmakers who are humans.

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14y ago
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13y ago

One simple argument put forward is that, legal validity of laws presents the fundamental difference between natural and positive law. Natural law theorist argue that the law ought to reflect a higher law and that higher law is morality, to which the law derives its validity, whilst legal positivist believe that the legal validity comes through due process, through acts of Parliament which legislates and makes laws. morality is not a criteria for establishing legal validity

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11y ago

Natural Law is law based on the theory that laws are only viable if they are morally permissible. People have inherent rights and it is the duty of the law to protect those. Positive Law differs because what is 'morally permissible' is often extremely difficult to define. So Positive Law is a set of rules that are created by a sovereign through a recognized set of procedures, that are also distinct from custom and convention.

The fundamental difference is that of what the law IS and what it SHOULD BE, and the struggle to reconcile these.

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Q: What is the difference between positive law and natural law?
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What is the difference between natural law and civil law made by mortals?

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What is the difference between revealed law and natural law?

Revealed law is given by God explicitly in the Holy Scripture and natural law is discernible by man


Is common law's and positive law the same?

No common law is actually closer to natural law, but is a combination of both positive and natural law


What is the difference between natural law and scientific theory?

A natural law is an empirical observation held to be true. A theory explains why the law holds true.


What is the difference between revealed law and natural law-?

Revealed law is the sum total of all the prescriptions that God has communicated to the human. A natural law is a system of law that is determined by nature.


What are the differences between natural law and positive law?

Natural is how things are the way they are, and positive laws aren't that much positive,like for instance,We Americans kill animals slaughter them just to get food,it's a bit wrong but we gotta survive you know.


What are examples of positive laws?

Positive law is the same thing as human law. So any type of law that is promulgated by the states/government is a positive law. For example, the speed limit is a positive law. Laws against murder are also positive laws, but they are based on the Natural Law. All positive laws should be based on the Natural Law, but they are not. The laws on abortion, for example, are contrary to the Natural Law; however, the laws on abortion are positive laws.


What were Kelsen's arguments against natural law?

Natural law theory exaggerates the relation of law and morality. Positive law is a reaction against particularly that aspect of Natural law theory. It insists on a distinction between human law, which they call positive law and moral and scientific laws. Human laws are posits of human society while scientific laws are independent of what we take them to be.


What is the difference between civil rights and natural rights?

Civil liberties are rights the law gives to citizens, whereas natural rights belong to all humans regardless of what the law says.


What is the definition of natural law?

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What is the difference between labor law and social legislation?

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What is difference about the natural law and positive law?

Natural Law is law that derives from the basic human instincts of morality, it is the highest law of society, For example, nobody need ever tell a human killing another human is wrong, they know by virtue of human morality Positive law is laws written and enacted by men, ie laws of a country eg constitution, acts of government etc Eg. Murder is wrong, is a natural law Eg You must stop at a red light while driving is a positive law MGSmith BCL, MA JUR It may be interesting to read the Nuremburg Trials of the Nazi's. When at trial the Nazi's claimed they had not broken any laws as they had followed all the laws of the country and all orders of their superiors (Herr Hitler) However, the judges decided that they had broken a higher law (Natural Law) That it is immoral to kill. The judges held that when a positive law (eg all Jews can be killed) conflicts with a natural law (murder is wrong) then one should always follow Natural Law and the Nazi's had failed to do this, they should have disobeyed their orders on virtue of natural law being the supreme law. Ironically because of this they were sentenced to death