morality, or what’s right and wrong, and ii) a natural law theory of positive law, or what’s legal and illegal. Also, Natural Law theory is subject to the problems of multiple consciences. Positive law, on the other hand, believes that our rights are granted by the government, society or other men and therefore can be taken back by them as well. Those who believe in the principle of natural law are known as naturalists while those who believe in the principle of legal positivism or ‘positive law’ are known as positivists. Natural law is, to a very great extent, based on good reasoning. The only difference is how they go about obtaining it. Firstly, natural laws are God-given laws inherent in our being whereas positive laws are man-made… Also, that justice is found in making laws that fully satisfy people. Multiple Conscience Problem. This is almost impossible with positive law, where laws are relatively constant and definite. This is not an example of the work produced by our Law Essay Writing Service. Disclaimer: This work has been submitted by a law student. This is a brief overview of the two principles of natural law and legal positivism. See also: Pure Theory of Law. 6th Aug 2019 Civil Law Reference this Tags: Canadian Law. You can view samples of our professional work here. Natural and Positive law both strive towards a common goal, that is the ultimate happiness of the people. Natural vs Positive Law. So what is natural law? Of course such an assumption carries with it the very same questions of changing “norms” discussed above. Every generation, it is said, finds new reason for the study of natural law -Heinrich A. Rommen The above assertion underscores enduring nature of the running battle between natural law and positive law. Natural law and positive law differ in a number of ways. There are two “natural law” theories about two different things: i) a natural law theory of. 4. 603 words (2 pages) Law Essay. The two theories are independent of each other: it’s perfectly consistent to accept one but reject the other. Although changing morality seems to be part of the human experience, it seems the … If the majority of the people believe that abortion is in violation of natural law then laws will be established by those legislators (the implied “sovereign” in this case), and positive law will align with natural law. From the beginning of the organized society, Positive law is the basis for the concept of social justice which attempts to subvert natural law and … Natural law begins with the premise that all of our rights come from God or nature and are inherent to our being. Natural law is based on the divine and therefore people can, in a sense, govern themselves by rules set out by the divine. While Positive law is based on enforced rules, which people follow enforce-fully.