Critically evaluate the main principles of legal positivism and natural law.

The history of graphic constabulary is extensive. Classical classic pragmatism was the major doctrine until Christian Theologian Doctrine replaced it. As societies have moved away from the church Natural fairness has been to some extent superseded by Positivism. We have been asked to critically measuring rod out these two schools of Jurisprudence. Greek Naturalism The classical Greek philosophers believed that natural rectitude was a moral order, which was superior to humanity lawfulness and one that knows no bounds either in space or time. It ordained that people should be common and that man-made regulations for communities were inferior to natures laws. Aristotle (384 -322 BC) believed that manhood were inherently good and teleological, knowing by nature with specialised goals in mind. Anything, which interfered with this, should be considered to be bad. He spoke nearly the relationship mingled with event and value, what is and what ought to be. Cicero in the first degree centigrade BC perpetuated these views Judao-Christian Christian Theologians much(prenominal) as Thomas Aquinas (1225-1274) believed that paragon lay stamp out the rules for society and that these were superior to temporal law. semisynthetic law should mete out with Gods law. He argued that there were four kinds of law: Eternal, Natural, Human and shaper Law. Aquinas confirmed St Augustines premise that there is no law unless it is just .

If human law conflicts with natural law match to Aquinas it is not lawful and may be disobeyed. Natural law jurists argue there is an intrinsic link b etween law and morality. However, positivist! s argue it is flawed because it is based on preconceive opinion and value judgments. Homosexuality in some societies is considered violent so is immoral. Similarly it is morally wrong to kill provided in certain circumstances there are exceptions, e.g. wars. The spontaneous abortion fiddle 1967 is an example of a Positive Law... If you want to stay put a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper