What is the Difference Between Natural Law and Legal Positivism?

The main difference between natural law and legal positivism lies in their views on the connection between law and morality. Here are the key distinctions between the two theories:

Natural Law:

1. Natural law is traced back to Ancient Greece and holds the view that law should reflect moral reasoning and be based on moral order.
2. It believes that there are universal moral principles that apply to all people, regardless of their culture or place in time.
3. According to natural law, an unjust law is not a law at all, and it is the moral duty of individuals not to follow such laws.
4. Natural law considers good law as the law that reflects natural moral order through reason.

Legal Positivism:

1. Legal positivism was largely developed in the 18th and 19th centuries and holds that there is no connection between law and moral order.
2. It argues that a law need not be moral to be a law, and it should be followed simply because it is the law.
3. Legal positivism believes that law is always synonymous with positive norms, meaning norms made by the legislator or considered as common law or case law.
4. 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.

In summary, natural law is rooted in moral principles and believes that law and morality are inseparable, while legal positivism argues that law and morality are distinct and that laws should be followed regardless of their moral implications.

Comparative Table: Natural Law vs Legal Positivism

Here is a table comparing Natural Law and Legal Positivism:

Natural Law Theory argues that laws should be based on moral principles, while Legal Positivism claims that laws should be based on social and historical context. These two theories are often pitted against each other, with natural law theorists claiming that legal positivism leads to injustice and legal positivists arguing that laws should be created by the state and enforced by the courts in order to promote social order.