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

The history of inseparable constabulary is extensive. Classical Hellenic naive realism was the major doctrine until Christian Theologian Doctrine replaced it. As societies have moved away from the church Natural honor has been to some extent superseded by Positivism. We have been asked to critically broadsheet 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 righteousness and one that knows no bounds either in space or time. It ordained that people should be communal and that man-made regulations for communities were inferior to natures laws. Aristotle (384 -322 BC) believed that manhood were inherently good and teleological, designed by nature with specialised goals in mind. Anything, which interfered with this, should be considered to be bad. He spoke nearly the relationship in the midst of situation 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 tidy sum the rules for society and that these were superior to temporal law. semisynthetic law should jibe with Gods law. He argued that there were four kinds of law: Eternal, Natural, Human and augur Law. Aquinas confirmed St Augustines premise that there is no law unless it is just .

If human law conflicts with natural law fit in to Aquinas it is not lawful and may be disobeyed. Natural law jurists argue there is an intrins ic link between law and morality. However, p! ositivists argue it is flawed because it is based on conceive opinion and value judgments. Homosexuality in some societies is considered touched so is immoral. Similarly it is morally wrong to kill to that degree 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 arse around a full essay, order it on our website: OrderCustomPaper.com

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