Comparing Natural Law With Positive Law And Their Ability To Coexist When In Conflict

Natural Law and Positive Law : A similarity and discussion of coexistenceWhen unmatched thinks of constabulary and deterrent exampleity one normally reflects upon the differences between the rules or laws of the land and one s internal moralistic compass . While often both concepts seem to hybridize , as in sanctions for stealing , or imprisonment for rape , there cease be at times a disconnect between what the individual or groups of individuals see as intrinsicly right or moral and the ceremonious rules of the bow . Consider , for example , that there argon laws on the books br establishing the legality of abortion procedures , while many consider the traffic pattern to be an affront to God and man . Further , near believe that the moral , or immanent law mandates decease for the murderer while the established or positive law allows for only life imprisonment . These issues highlight the ancient indicate between the merits of each type of law , positive and naturalIn innocent terms , natural law emphasizes the inherent relationship between law and morality (Boland , 2000 . The regulation assumes that there is such a thing as moral and scientific or natural laws that exist in the absence of legislation , opinion , or even interpretation Positive law , on the opposite hand , is an idea traditionalisticly liked to John capital of Texas s Command Theory in which one assumes that all laws are commands descended from a social authority or sovereign that former(a) rational beings are in the habit of obeying (Bix , 2004 Of course , for natural law theorists , this poses some significant problems For example , one may consider Nazi Germany as an example in which a sovereign Adolf Hitler , established laws that were abhorrent to natural or moral law in addition to the positivist law of other land (for instance the joined States . Clearly , according to this principle positivist law is flawed .

Further , what of the slavery laws of United States historyIn answer to these questions , some cite Kelsen s idea that law moldiness be normative meaning there must be an understood and base norm upon which any law is established (2004 . Clearly , such norms can change as participation changes (and the sovereign s opinions along with them . Thus , positivist law can change according to changing normsBe that as it may , close to assume that natural law is unchanging , and simply is . In this vein , slavery has always been wrong , and against moral and natural law . So , too , genocide , murder , etc . tho , here lies the problem with natural law as headspring for example , many might put up that abortion is naturally and morally wrong as well , while others assert the opposite . Because natural law is assumed , but is not based on established rules (as in codified laws , it is field of battle to greater debate and interpretation and application . This , according to positivists , is one of the essential problems with natural lawGiven , then(prenominal) , that there are distinctly differences between moral or natural law and traditional positive law (as in the abortion example how then can these two concepts coexist as they definitely must...If you take to get a full essay, order it on our website: Ordercustompaper.com

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