What is the difference between natural law and positive law?

Natural law and positive law are two distinct concepts of jurisprudence, or the philosophy of law. Natural law is a system of morality and justice derived from nature, rather than human-made laws. It is thought to be universal and applies to all of humanity. In this view, human-made laws are expected to conform to the natural law, which is seen as a higher authority. Positive law, on the other hand, is the system of laws created by governments or other organizations. These laws are designed to establish order and ensure public safety. Unlike natural law, positive law does not have to conform to any higher authority and can be changed or removed by the governing body. In Indiana, the legal system is mostly based on positive law, although certain aspects may include natural law principles. The Indiana Constitution states that the state will protect people’s rights to “life, liberty, and the pursuit of happiness.” This language reflects natural law principles. Indiana also has both criminal law and civil law, both of which are based on positive law. In conclusion, there is a key difference between natural law and positive law. Natural law is derived from a higher authority or moral standard, while positive law is created by governments or other organizations and is not bound by any external standard. In Indiana, the legal system is mostly based on positive law, although aspects of natural law can be found in some areas.

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What is the difference between natural law and positive law?

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