Cotterell's Argument On Natural Law
Legal realists see the personality and political orientation of individual judges, community sentiments, particular economics realities, and political imperatives as all contributing to the growth of statutory law and judicial decisions. In other words, a legal doctrine can be understood with an empirical study of the social, economic, and political context in which this principle takes shape. Karl Llewellyn, perhaps the most prominent of American legal realists, has noted that realism is less a philosophy of law than a method or technology for achieving a more grounded understanding of the law and legal process. Legal realists could point to the limits of the explanatory power of positivism and the natural law perspective’s poorly contoured definitions of …show more content…
At the same time, Cotterill 's further pointed out that natural law has been cast into the ground first by positivism, realism, and feminism.
To argue his statement, Cotterrell’s says that in today’s universe, different people have various interests in the particular society or state. Due to this, conflict creates, and in a legal way of thinking, it requires to compromise to come to a conclusion. He further states that it is hard to determine a moral soul within such a product of conflict and concord (Boyd 2015).
Furthermore, Roger Cotterrell’s pointed out that, the law is applied within an exceptional situation and time to get a peculiar kind of societal order. Hence, in such a time-specific environment, the everlasting moral principles has little space in it. As per Cotterell 's, what moves around space and time is more important than the moral values in today’s world. He argues that sticking to the precepts of natural jurisprudence will not provide a convincing guide in today’s complex, highly technological and ever-changing modern