What are the differences between Natural Law and Legal Positivism || Jurisprudence ||
Difference between Natural Laws and Legal Positivism
In this article, we will discuss the difference between Natural law and Legal positivism. Let’s begin.
Believers of the natural law are known as “Naturalists.”
Believers of the legal positivism or positive law are known as “Positivists.”
Natural laws are inherent rights, not conferred by the act of legislation.
Legal positivism is law conferred by the act of legislation.
Natural laws are universal laws.
Positive laws are only applicable to a geographically defined political territory such as that controlled by a government.
Natural laws are eternal and constant.
Positive laws can be amended or rescinded.
Natural law is based on reason and human being have the free will choose what they feel is right or wrong.
Positive law prescribes what is right or wrong and people have to abide by the prescriptions, and these are enforced by institutions such as the police and judiciary.
Natural law can exist in the absence of a human being.
Positive law is dependent on the existence of a human being.
Natural law is a law whose content is set by nature and that therefore has validity everywhere.
Legal positivism is a law made by human beings.
Natural law is a combination of laws and morals.
Legal positivism is the separation of laws and morals.
Natural law declares morality is relevant to the identification of what is valid law.
Legal positivism declares morality is irrelevant to the identification of what is valid law.
Natural law is universal.
Positive laws only apply to those people who are the subjects or citizens of the government that makes the law.
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