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The Difference of Positive Law and Natural Law

When it comes to positive and natural law types, they are quite different historically so that you should get a better understanding of their similarities and differences. First, positive law is enforced by specific institutions, including the police. This means that citizens have an opportunity to enforce their rights and claims via criminal and civil courts. Whether these rights are easy and adequate to enforce is a debatable question, but the main thing that should be realized is that they belong to a specific group of individuals.

When researching natural law, keep in mind that its basic purpose is to establish important human rights, and its most developed version was established by jurists, schoolmen, philosophers, and other specialists in the Middle Ages. One of their most credible successors described this idea as the one based on the existence of a range of practical principles that determine the key forms of human flourishing as the goods that can be pursued, certain methodological requirements, general moral standards, and so on. If people have their rights by virtue, it happens only because there are general moral rules and standards that remain universal, regardless of their applications.

Keep in mind that such standards must be understood and followed by all people. Well, these are some of the most important characteristics of natural law so that they indicate that it’s a key foundation for the rights other than positive law. Another aspect that should be understood is that both types of law have their pros and cons that should be evaluated too.

Don’t forget that all laws are those rules that are established by responsible authorities to maintain and organize the right existence. Natural law is based on the divide, while the other one includes the laws that lawmakers command. If you’re interested in the opinions of famous philosophers on this subject, you should know that some of them advocated its natural type, while others supported positive law, and each group supported their strong arguments.

For example, Aristotle thought that people can judge for themselves because they have higher thinking level, and this concept is also called rationalism. This idea was opposed by Hobbes who believed people are violent in their nature and prone to start wars so that they can’t be provided with a lot of freedom in their actions and the right to do everything.

When it comes to positive and natural law types, they are quite different historically so that you should get a better understanding of their similarities and differences. First, positive law is enforced by specific institutions, including the police. This means that citizens have an opportunity to enforce their rights and claims via criminal and civil courts.

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100001446
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CREATED ON
August 26, 2016
COMPLETED ON
August 27, 2016
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$22
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