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Answering three questions - Essay Example

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Natural law is higher than man-made-law. The validity of man-made-law depends on its agreement with a higher form of law, the natural…
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Download file to see previous pages Natural law is the pivot upon which man attain all these goals. It disputes validity requirement of law on the basis of social facts.
Legal positivism is a set of legal theories postulating that law refers to rules enacted within the jurisdiction of a state provided it is legitimately imposed on subjects and it is outside the sphere of moral content. Legal positivism treats law as a mechanism of well-defined rules, which acknowledges some norms as laws.
Natural law theory supposes that an interconnection exists between law and morality. According to natural law theory, the moral content of law asserts its validity. Law is not law if it is unjust. Therefore, law is not necessarily what is enacted in the statutes and that legislation is not law if it is deficient of morality, thus lacks authority.
On the other hand, Legal positivism emphasizes the on delinking law from morality. According to legal positivism, there is a line between law and morality. Legal positivism is built on two theses: separation and social theses. The social thesis emphasizes law as a social phenomenon whose soundness is determined by social facts, which are crucial sources of law. On the contrary, separation thesis holds that a separation exists between law and morality.
Natural law theory is not without problems. First, it makes too ambitious claims on morality’s behalf. Finnis does not supply a convincing argument to back up his claims on the values and principles. He also does not explicitly demonstrate that these values and principles have the potential to provide reasonable law criticism (Taekema 213). Natural law also appears to as anarchism plea as well as conservatism plea. These accusations point at the indeterminacy of the principles of natural law legal theory. The other problem with natural law legal theory is the manner in which its objective ethics deal with conflict. According to Taekema, “Jeremy Waldron argues ...Download file to see next pagesRead More
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