Essay on Legal Positivism And The Natural Law Theory

2854 Words Oct 20th, 2015 null Page
The Difference between Natural law theorist evaluations and How a Legal Positivism follower would evaluate the same document
Legal positivism and the natural law theory of positive law are rival views about what the law is and what its relation to justice/morality is. Under Natural Law, there are two theories about two different things. The first is a natural law theory of morality, which details what is right and wrong in the world. The second natural law theory details positive law, more specifically what is legal and illegal. Under the theory of morality, Natural Law theorists focus on God’s role as the giver of all natural laws. It is just one aspect of divine providence; and so the theory of natural law has been from that perspective just one part among others of the theory of divine providence. Under the second theory, when followers focus on the human 's role as recipient of the natural law, it creates the principles of practical rationality, or positive law. These principles, by which human actions are to be judged, are deemed as reasonable or unreasonable. So the theory of natural law is from that perspective the preeminent part of the theory of practical rationality.
Since there are frequent situations in which there are different actions that a person might pursue, each of which assures that there will eventually be a good outcome. But, this flawed thought gives hope to the second theory and those who do things illegally for the sake of good. For example, if a…

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