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Natural law or the law of nature ( lex naturalis) is a theory that posits the existence of a law whose content

is set by nature and that therefore has validity everywhere. On the other hand, positive law or legal positivism is a school of thought in philosophy of law and jurisprudence which posits that that there is no inherent or necessary connection between the validity conditions of law and ethics or morality. Therefore, in legal positivism, the la is seen as being conceptually separate (though of course not separated) from moral and ethical values, and it simply sees the law is posited by lawmakers who are humans.

Positive law (lat. ius positum) is the term generally used to describe man-made laws which bestow specific privileges upon, or remove them from, an individual or group. Etymologically the name derives from the verb to posit and is unrelated to the more common positive as not negative word usage. The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature or reason." Positive law is also described as the law that applies at a certain time (present or past) at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." Natural law, or the law of nature (Latin: lex naturalis), is a system of law that is purportedly determined by nature, and thus universal.[1] Classically, natural law refers to the use of reason to analyze human natureboth social and personaland deduce binding rules of moral behavior. Natural law is contrasted with the positive law (meaning "man-made law", not "good law"; cf. posit) of a given political community, society, or nation-state, and thus serves as a standard by which to criticize said positive law. According to natural law theory, which holds that morality is a function of human nature and reason can discover valid moral principles by looking at the nature of humanity in society, the content of positive law cannot be known without some reference to natural law. Used in this way, natural law can be invoked to criticize decisions about the statutes, but less so to criticize the law itself. Some use natural law synonymously with natural justice or natural right (Latin ius naturale) Although natural law is often conflated with common law, the two are distinct and both in that natural law is a view that certain rights or values are inherent in or universally cognizable by virtue of human reason or human nature, while common law is the legal tradition whereby certain rights or values are legally cognizable by virtue of judicial recognition or articulation. Natural law theories have, however, exercised a profound influence on the development of English common law, and have featured greatly in the philosophies of Thomas Aquinas, Francisco Surez,Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, John Locke, Francis Hutcheson, Jean Jacques Burlamaqui, and Emmerich de Vattel. Because of the intersection between natural law and natural rights, it has been cited as a component in the United States Declaration of Independence and the Constitution of the United States, as well as in the Declaration of the Rights of Man and of the Citizen. Declarationism states that the founding of the United States is based on Natural law.

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