1. NATURAL LAW VS. POSITIVE LAW
PHILOSOPHIES OF LAW
NATURAL LAW VS. POSITIVE LAW

2. IN THE BEGINNING…
Earliest forms of law were based on religious doctrines
DIVINE LAW – Belief that all law comes from God(s)
Law is the product of God’s will and was then incorporated into our legal codes
What happens if a human law violates God’s law???

3. NATURAL LAW KEY CONCEPTS TO NATURAL LAW:
Universe created with eternal and unchanging laws
The more human laws follow these ‘natural laws’ the better society will function
We can become aware of these laws through ‘reasoning’
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4. Law is the highest reason implanted in nature which commands
What ought to be done and forbids the opposite. - Cicero

5. POSITIVE LAW
Developed in 16th & 17th Century England during a period of extreme religious, political and social upheaval
Assuming that Positive Law is the opposite of Natural Law, what does the previous bullet point suggest?

6. POSITIVE LAW KEY CONCEPTS TO POSITIVE LAW:
Law is nothing more than the opinion of whoever held power at the time
It has no moral purpose other than to ensure the survival of the state
The law must be obeyed with no regard to morals
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8. IN ITS EASIEST FORM Natural Law holds that law has some higher origin
VS.
Positive Law holds that law is based upon human authority