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Ottoman Empire

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Aristotle divides law into positive and natural law. Natural law describes laws that originate from the universe and the nature. Natural law uses reason to analyze both the personal and social behavior binding specific individual. Positive law comes from the regulations made by the lawmaker. Positive law describes the laws made by humans and obligate people to do a specific action. Positive laws also refer to the laws established by a particular group of people to define specific rights. Under natural rule, something is illegal because it is wrong and is inappropriate to our human nature. Under positive rules, an action is wrong because it is illegal. Natural law and positive law are opposite, and Aristotle states that the laws are a contrast. Both the natural law and positive law have theorists who simply the topic of law and society. The natural law theorists are Aristotle, St. Thomas and Plato while the legal positivists are Thomas Hobbes, H.L.A Hart and John Austin (Adolphe, Fastiggi & Vacca, 2012). Nevertheless, natural law is more essential than the positive law. Positive law has no power to abrogate or change natural law. Positive law focuses primarily on human behavior and activities which the natural law does not rule out. Positive law, as St. Thomas says, ‘'can only add value to natural rules; it cannot subtract from the law ''. Therefore, another possible way of looking at the partition of law into positive law and natural law is to say that positive law refers to the rules that are additional to natural rules.
According to Plate and Aristotle, reason and nature forms the concept of justice and law. However, Aquinas states that the lawmakers must have the interest of the community at hand while making the laws. In conclusion, natural law is the fundamental law in the society. Positive law differs from society to society while natural law is constant. The natural law originates from God, and the laws care about the community. Positive laws on the other hand, originate from human beings and the laws might be made to interest a certain group and oppress another. The positive laws might also violate the morals that are highly regarded in the natural laws (Adolphe, Fastiggi & Vacca, 2012).

References

Adolphe, J., Fastiggi, R. L., & Vacca, M. (2012). St. Paul, the natural law, and contemporary legal theory. Lanham, Md: Lexington Books.
Hart, H. L. A. (2012). The concept of law.
Jacobs, J. A. (2012). Reason, religion, and natural law: From Plato to Spinoza. New York: Oxford University Press.

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