The Difference Between Natural Law and Legal Positivism. It is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. This is the major difference between positivist and natural law thinkers. Natural law is the combination of laws and morals while legal positivism is the seperation of laws and morals. Legal positivism declares that morality is irrelevant to the identification.
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Positivism And Natural Law Philosophy - UK Essays Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences. Leon Petrażycki and Max Weber) also hold that there should exist a legal dogmatics, which is independent of legal science proper. Positivism sharply separates law and morality. Natural law is to discover or assert the prior premises of law. The Separation Thesis, however, has often been overstated. It is sometimes thought that Natural Law asserts, and Legal Positivism denies, that the law is, by necessity, morally good or that the law must have some minimal moral content.
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