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.
Sr. No. | Natural law | Legal Positivism |
1. | Believers of the natural law are known as “Naturalists.” | Believers of the legal positivism or positive law are known as “Positivists.” |
2. | Natural laws are inherent rights, not conferred by the act of legislation. | Legal positivism is law conferred by the act of legislation. |
3. | Natural laws are universal laws. | Positive laws are only applicable to a geographically defined political territory such as that controlled by a government. |
4. | Natural laws are eternal and constant. | Positive laws can be amended or rescinded. |
5. | 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. |
6. | Natural law can exist in the absence of a human being. | Positive law is dependent on the existence of a human being. |
7. | 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. |
8. | Natural law is a combination of laws and morals. | Legal positivism is the separation of laws and morals. |
9. | 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. |
10. | 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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