Topic > Natural law vs. Positive Law - 937

When the average person is asked "what is morally correct?" most respond with an answer that requires each person to follow the laws of the country in which they live. This is at least the case in modern American society, where your “moral stability” ultimately depends on whether or not you conform to the laws outlined by the government. Regardless of what one's individual beliefs are, religious or otherwise, morality is judged by how well it fits into society's specific definition of what is good, bad, and indifferent, while law is just a set of rules and regulations to divide power among the people in order to predict the future and maintain civil peace. The difference between positive law and natural law is quite simple. Positive Law focuses on man-made laws that give or take away specific privileges of the individual in each society. For example, the bare arms right in the United States Constitution is man-made to provide freedom and restrictions to an individual who wants to carry a firearm. On the other hand, natural law focuses on God-given rights that are inherent to the individual and are not created by a legislative act. Natural laws are universal and apply to everyone, regardless of the society you belong to. For example, everyone has the universal right to breathe air to survive. Although natural law and positive law have two different meanings, both are based on the assumption that to have civil peace every individual must have the promise of a reward for any behavior deemed "good". positive law is whether or not morality can be distinguished from law, and if this is possible, then it is justifiable to criminalize those who are... middle of paper... functioning to their full potential that individuals need be regulated so that mass chaos does not occur; but there must also be an equal amount of individual freedom so that everyone has the opportunity to achieve the greatest measure of happiness. There is a delicate balance between natural and positive law. Both are equally important to have a prosperous society. I believe that legislators and law enforcement must take each situation one step at a time. If a society becomes too engulfed by natural law, then there is a greater potential for chaos, however if that same society becomes too heavily involved in positive law, then there would be too much government control. I think the government should be there to protect the natural rights of the individual and provide a set of enforced rules to prevent individuals from violating the natural rights of others.