University law college Quetta

Name: Muhammad Akram

SEMESTER: 5TH

SECTION : (B)

Submitted to: Sir Sikandar Marii

Submitted date: 26 /05 /2023.

Assignment title : There is unending debate and no conclusion has been made that
which Law is superior, natural law or positive law, rather correlative with eachother when it
comes to legislation of new laws or modification of Existing law, however they share a core
object which is justice. 1

1
Table of contents.
 Definition and Historical Background
 Principles of natural law
 Understanding Natural Law.
 Relationship with justice.
 Criticisms and Limitations.
 Example of natural law.
 Positive law and its historical background.
 Legislation and social construction.
 Relationship with justice.
 Criticisms and Limitations
 The correlation between natural law and positive law
 DEBATE ON NATURAL LAW AND POSITIVE LAW AND WHICH LAW IS
SUPERIOR.
Definition and Historical
Natural law is a theory in ethics and philosophy that says that human beings possess intrinsic
values that govern their reasoning and behavior.
Natural law maintains that these rules of right and wrong are inherent in people and are not
created by society or court judges.
Principles of natural law
The principles of natural law are often based on the inherent dignity and rights of individuals.
They emphasize concepts such as justice, fairness, equality, and the preservation of human
rights. Natural law proponents argue that these principles are derived from the inherent nature of
human beings and the objective nature of the world.
Understanding Natural Law

(jeremy, 1970)Relationship with Justice

Natural law theorists argue that justice is an essential component of natural law. They believe
that the application of universal moral principles can lead to just outcomes. By adhering to the
principles of natural law, legal systems can strive to achieve a higher form of justice that
transcends the limitations and biases of positive law.
Criticisms and Limitations
Critics of natural law theory contend that its reliance on subjective interpretations of morality
and the natural world can be problematic. The determination of what constitutes natural law
principles can vary among individuals and cultures, leading to potential conflicts. Additionally,
the inflexibility of natural law may hinder societal progress and adaptation to changing
circumstances.
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Examples of Natural Law

2 Richard A. Posner “ American Journal of International law “ 51 ( 4 October 1957) 691-733.

 Examples of natural law abound, but philosophers and theologians throughout history have
differed in their interpretations of this doctrine. Theoretically, the precepts of natural law should
be constant throughout time and across the globe because natural law is based on human nature,
not on culture or customs.
When a child tearfully exclaims, “It’s not fair [that]…” or when viewing a documentary about
the suffering of war, we feel pain because we’re reminded of the horrors of human evil. And in
doing this, we are also providing evidence for the existence of natural law. A well-accepted
example of natural law in our society is that it is wrong for one person to kill another person.

What is positive law

Definition and Historical Background
Positive regulation alludes to the man-made regulations sanctioned by states and social orders. It
depends on friendly, social, and political factors and is dependent upon future developments
through regulation and revisions. Positive regulation is regularly systematized and implemented
by administering specialists to control conduct, keep everything under control, and safeguard the
privileges and interests of people and society.
Legislation and Social Construction
Relationship with Justice
(Posner, 1990)
Criticisms and Limitations
Critics argue that positive law may fall short in achieving justice due to its susceptibility to
human error, biases, and the influence of powerful interest groups. The creation and enforcement
of laws can be subject to political agendas, leading to unjust outcomes. Additionally, positive
law’s focus on enforceability and legal positivism can sometimes prioritize technical compliance
over moral considerations.
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The Correlation between Natural Law and Positive Law

Legislation and Amendments
Albeit regular regulation and positive regulation are unmistakable ideas, they are not
fundamentally unrelated. Positive regulation frameworks frequently draw motivation from
regular regulation standards while planning regulation and making revisions. Normal regulation

3 Baude, William and stern, James Y,, “The positive law model of the fourth Amendment “Faculty publication,
1808.
can give an ethical establishment and a directing structure for positive regulation, assisting with
guaranteeing that regulation lines up with central standards of equity.
Integration of Moral Principles
Positive regulation can coordinate moral standards got from regular regulation to address cultural
worries and guarantee decency and equity in the general set of laws. This joining considers the
improvement of regulations that maintain individual privileges, advance equity, and mirror the
ethical soul of the local area.
Achieving Justice through Collaboration
Accomplishing equity through coordinated effort includes incorporating moral standards from
normal regulation into positive regulation, cooperating with partners to make a general set of
laws that maintains reasonableness, equity , and individual freedoms.
The Pursuit of Justice
Justice as the Ultimate Objective
A definitive goal of both normal regulation and positive regulation is the fulfillment of equity.
Equity involves the fair and impartial treatment of people, the insurance of their privileges, and
the advancement of cultural prosperity. It is the establishment whereupon general sets of laws are
fabricated and the basic rule that directs the turn of events and utilization of regulations.
DEBATE ON NATURAL LAW AND POSITIVE LAW :
Yes, the debate between natural law and positive law has been going on for centuries and there
isn’t a clear consensus that which law is superior.
Natural law is based on the concept of moral principles that exist independently of human laws.
These laws are believed to be inherent In human nature and can be discovered through reason
and observation. The advocates of natural law believe that these laws are universal, timeless and
binding, and that human laws should conform to them.
On other hand, positive law is based on laws that are created by human societies. These laws are
man – made and can vary from one society to another, and from one time period to another. The
advocates of positive law believe that laws should be created by human consensus and should
reflect the values of the society.
Both natural law and positive law have their strengths And weaknesses and they should not be
viewed as being in opposition to each other. While natural law provides A higher moral standard
that transcends human laws, positive law is more Practical and applicable to the ever-changing
needs of society.
Ultimately, the objective of bot natural and positive law is to ensure justice. Whether we rely on
natural law or positive law, Our laws and legal systems should aim to promote justice, fairness,
and common good For all.
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Bibliography
jeremy, B. (1970). Laws in general. London: H.L.A Hart athlone press 2nd edition.

Posner, R. a. (1990). The problem of Jurisprudence. London: Harvard University press.

4 Imran Ahsan khan nyazee, Jurisprudence, (3rd Edition Manchester, 2022).

V.D Mahajan’s, Jurisprudence & legal theory 5th Edition Eastern book CO, (EBC), 26th edition. ( page 344)
MacDowell, Markus, Jurisprudence and legal theory, create space, 6th edition 2016,. Page number( 218)