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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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Related questions

Is common law's and positive law the same?

No common law is actually closer to natural law, but is a combination of both positive and natural law


What are examples of positive laws?

Positive law is the same thing as human law. So any type of law that is promulgated by the states/government is a positive law. For example, the speed limit is a positive law. Laws against murder are also positive laws, but they are based on the Natural Law. All positive laws should be based on the Natural Law, but they are not. The laws on abortion, for example, are contrary to the Natural Law; however, the laws on abortion are positive laws.


What is the definition of natural law?

natural law is a law seen as being independent of the pre existenceto the positive law of any giving political order society


Is the difference of two natural number is positive?

Not necessarily. If you swap them, the difference will be negative.


What is the difference between revealed law and natural law?

Revealed law is given by God explicitly in the Holy Scripture and natural law is discernible by man


What is the difference between positive law and natural law?

Natural law or the law of nature ( lex naturalis) is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. On the other hand, positive law or legal positivism is a school of thought in philosophy of law and jurisprudence which posits that that there is no inherent or necessary connection between the validity conditions of law and ethics or morality. Therefore, in legal positivism, the la is seen as being conceptually separate (though of course not separated) from moral and ethical values, and it simply sees the law is posited by lawmakers who are humans.


What is the difference between natural law and civil law made by mortals?

Pooping.


What were Kelsen's arguments against natural law?

Natural law theory exaggerates the relation of law and morality. Positive law is a reaction against particularly that aspect of Natural law theory. It insists on a distinction between human law, which they call positive law and moral and scientific laws. Human laws are posits of human society while scientific laws are independent of what we take them to be.


What are the differences between natural law and positive law?

Natural is how things are the way they are, and positive laws aren't that much positive,like for instance,We Americans kill animals slaughter them just to get food,it's a bit wrong but we gotta survive you know.


What is the difference between natural law and scientific theory?

A natural law is an empirical observation held to be true. A theory explains why the law holds true.


Difference between natural number and integer?

natural numbers can not be negative. integers can be both positive and negative.


What is human positive law?

Legislation imposed by human authority, implementing the natural law. It may take one of two forms, declarative or specifying. Declarative positive laws simply declare in so many words what the natural law prescribes or draw conclusions deducible from the natural law. Such are laws forbidding murder, theft, or perjury. They differ from natural law only in the manner of promulgation, say the State, and not only by the natural light of reason. Specifying positive laws determine or establish specific ways of acting in accordance with the natural law but not directly concluding from it. Such are traffic laws, ways of collecting taxes, and the conditions for just contracts. No human law that contradicts the natural law is a true law, but it need not merely re-echo the natural law. ~Seem below link: