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Natural Law & Legal Positivism

Introduction

“The Law is oneself known to be the vast galaxy that consists of several stars in the form of a vast number of interpretations made by several well-known jurists. The Natural law and legal positivism are the two important source of the galaxy where Natural law is a sun who is holding the value of morals which is as bright as the sun and legal positivism is a moon which reflects the shine to the interpretations with clear visions of light. Therefore both the terms are different and act differently but they intersect to each other at a point of time because somehow the sun and moon is a part of galaxy in the vast context natural law and legal positivism are a part of vast interpretation of law in consist of the vast galaxy in the form of law”. 

The term natural law and legal positivism are the two phases of coin but they are a part of a “Law”.

Natural law and legal positivism have different perceptions made by the several jurists who interpret it in their own manner therefore some of them are moving on the same path and also some of them are differentiated their path to each other.

The paper reaching the whole of study and also dealing with the theoretical and conceptual parts of the topic and also the self interpretation of the topic.

Natural Law Theory

Meaning: The natural law theory comprises out from the natural cause arise and depending upon the legal thought thou, not with the context of rules of the society.

Definition: Jurist Dias and Hughes describe natural law as a law that derives its validity from its own inherent values, differentiated by its living and organic properties, from the law promulgated in advance by the state or its agencies.

Explanation: So, basically jurist Dias and Hughes explain the natural law where it does not only formulate the nature inconsistent of itself in the form of the moral values and also talking about the living life say: human being, as a law is a set which made up by a person of who promoted it towards the living life and their values throughout the state and agencies says a lawmaker.

*Jurist Del Vechhio is known as an Italian jurist who interpreted natural law as a criterion that permits us to evaluate positive law and to measure intrinsic justice. In fact, the term “natural law” is analogous to a mix-up of high values such as morality, justice, ethics, right reason, equality, freedom, liberty, social justice, etc …; It is rather a way of looking at things in the quest of ensuring justice.

Explanation: Here, jurist wants to elaborate the defining value of the Natural Law relate it with positive law where he gave a whole new interpretation which includes the mix values say morality and justice basically giving a equality freedom and liberty to formal expression of generate the different values but it spectate only in context to the justice which is equal to a positivism who grants justice in morality and motive.

*Jurist Cohen, natural law is not a body of actual enacted or interpreted law enforced by courts, it is in fact a way of looking at things and a humanistic approach of judges and jurists. It embodies within it a host of ideals such as morality, justice, reason, good conduct, freedom, equality, liberty, ethics and so on.

Explanation: Jurist cohen expressed the interpretation of the topic with a conceptual words as enforced by courts and humanistic approach where he says they are a jurists and judges who enacted the concept of natural law in our lives and also it grants the several reliefs in terms of good conduct etc and somehow it is quiet with reference to jurist Del vechhio.

Legal Positivism

Meaning: It is the school of the analytical jurisprudence that provides the concepts of the theoretical basis of developments and also it deals with empiricism and logical positivism for the flourishing life.

Definition: Jurist Jeremy Bentham is an English jurist and also a philosopher who introduces the theory pf principles of legislation and morals he developed the theory of law as an expressed with of sovereign and also he distinction between the real laws of expositors(the one who explain the law in practice) rather than the criticism of the censors(the one who criticized the law in the practices and the compare the notions of what else ought to be). 

Explanation: jurist Bentham wants to use the expression of the principles as he relate the theory and its parts with the element of theoretical collaborations so that he used the word sovereign the superior body who made the laws for the society and where the society bound to follow them for their own benefits as to maintain peace and harmony in the society he also added the term exploiters and censors for expressing the two phases of the society as one who originated towards the practice of law and on the other hand the censors who criticize the rules made by the sovereign law in the practices and oneself they critics on the ought to be part.

*Jurist John Austin was partly emulated with jurist Bentham where he compliments the theory considered law as a command from the terms of sovereign which are been enforced by the means of threat of sanction. He derives that the enacted laws are the one which society obeys habitually and comprise the authoritative powers which are in relation to the Parliament his theory also considers the brief importance of constitution, international laws, non-sanctioned rules.

Explanation: Jurist Austin wants to express the sovereign values and their authoritative powers as he was partially agreed with Jurist Bentham with the context of sovereignty he also added in his theory of legal positivism and he added a superior value of the parliament and their powers as he conclude that these rules a form of command that has been followed up by the society in a habitual manner and he considered the part of constitution, and also contractual laws of the nation.

Normative Measures of The Theory of “ Natural Law And Legal Positivism”

The theories are contradicting to each other but intersect at some point of time in relation to justice, either the Natural law or Legal positivism both grants justice. The tradition of Natural law which represents one of the perennial and most respected the legal reasoning positions and also the western law. The fact that arise out “history repeats itself” is not only, meaning a line sentence it is a feeling of expression that cause with the due context of the traditional theories that was granted back in the ancient times through our jurists who somehow give these theories an intellectual power of application and expression to collaborate their multiple powers into one direction. The legal positivism is a representation of the fundamental principle and rule of law throughout to give the direction towards the flourishing life and also provide the sincerity to live life oneself with the rules and regulations the morality which comes out from the Natural law and the legal which means the body that has a uniform nature which comes out from the legal positivism at a point they intersect with each other ‘Legal Moralism’. means both the theories include peace, humanity, etc which is for an organic body(human beings). The positive laws are the instrumental visions of the realization for the promotion of a substantial vision of ethical life. The versions that demonstrate the persistent these tenets are in the reconstructions of the theories and how they contribute to giving the explanations to the Normative of the law.

The ethical part of the philosophy seeking the good reason, purpose and method which extends into the political philosophy. The problem arising out the administering justice and, of the coordination of provide defence to the economic welfare which cannot reasonably be resolved without new norms to conduct, the new procedures enforcing the morality …perennial requirements and also the new procedures for the introduction to maintaining those new norms and the procedures appropriately, and political philosophy must includes the theory of law.  

Positivist Reservation About The Moral Standpoint of Justice

The attention was drawn from the analysis of legal and positive effects and seeking the Separation of law where both the theories have their own perceptions towards each other and they are playing their own role in a best and flourished manner to serve towards the positive life.

The theories are well contributed towards each other part as in terms of significant terms of the advances the legal traditions to explain the validity of the particular laws and the particular legal order in terms of the principles complimenting to legal norms of the both theories I.e. “Natural law theory and Legal Positivism”

Each theory is an ancient introduction to the contribution towards the modern era for justice happen which will b just and fair results therefore the legal positivist considers the legal standpoint of the justice a taboo for the legal theory proper and the applied theory impartially remains intermediate , without the necessary connection in between the moral and the law standpoint of the Justice of both the theories. 

Author’s Comment on the Theory of Natural Law and Legal Positivism

The theory of Natural Law and Legal Positivism are complimenting to each other here throughout the research paper I have shown the contradicting and complimenting both the parts are been covered with the well known jurists and their definition provide in the form of interpret them in their own perceptions as some jurists are agreed the contribution of the one theory and some of them are provide heir intelligence to the other theory but in accordance to complimenting part author believe that both the Natural Law theory and Legal positivism theory both are important to grant justice and are contributing towards the formulation of the morality and positive law.

The author complimenting the both theory equally important as on theory of Natural Law provides and promise the the psychological part whereas moral values and also the artistic approach towards the justice the other theory that is Legal Positivism which provide the applied science in consideration to the rights and duties of  a common man and sovereign authority which is parliament that make laws for the betterment of the society and the society that obey in terms of give respect to the “Rule of Law”.

The concept of the theory of the procedural validity the modesty of aim of survival therefore, the human vulnerability approximate equality and limited altruism and also the closure of complimenting limited resources of understanding and strength.Hence, indeed the overlap between the laws and morals on the fundamental level to achieve the aim of humble proximity to our fellows and it claims the much thicker overlap gave in divergence of humanity prosperity and human pursuits often the controversial when it comes under the validity proof of both the theories whether it is Natural Law theory or it is Legal positivism theory .

Conclusion

The closure of the paper drawn the attention to the controversial part and the validation part of the theories as they both equally contribute in the law of land yet the conclusion did not suggest the positive validity of any of the theory more or less as equivalent in terms of their part the theories contribute the vast role in the law terms.

References

  1. PhD Essay
  2. Internet Encyclopedia of Philosophy
  3. Stanford
  4. Stanford

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