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Natural Law is law that derives from the basic human instincts of morality, it is the highest law of society, For example, nobody need ever tell a human killing another human is wrong, they know by virtue of human morality

Positive law is laws written and enacted by men, ie laws of a country eg constitution, acts of government etc

Eg. Murder is wrong, is a natural law

Eg You must stop at a red light while driving is a positive law

MGSmith BCL, MA JUR

It may be interesting to read the Nuremburg Trials of the Nazi's. When at trial the Nazi's claimed they had not broken any laws as they had followed all the laws of the country and all orders of their superiors (Herr Hitler) However, the judges decided that they had broken a higher law (Natural Law) That it is immoral to kill. The judges held that when a positive law (eg all Jews can be killed) conflicts with a natural law (murder is wrong) then one should always follow Natural Law and the Nazi's had failed to do this, they should have disobeyed their orders on virtue of natural law being the supreme law. Ironically because of this they were sentenced to death

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Q: What is difference about the natural law and positive law?
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