Legal Positivism and Morality | An Analysis

There is no necessary connection between law and morality; and (2) legal validity is determined ultimately by reference to certain basic social facts and the main line of natural law theories that no sharp distinction can be drawn between law and morality
The connection between morality and law is one of the biggest questions of jurisprudence. It has become the dispute between natural law and legal positivism and has created a many ways how to think about the scope of legal enforcement. Here we meet with two philosophical directions which are standing on opposite border against each other.
“Morality” is very flexible, changing by generation. If there is any idea of changing a law, it takes hundred years to do it. Law and morality is every so often being connected. Right now, the countries base its laws on morals. Morality deals with question of correctness where on the other side laws are based on question of ethics. Law is characterized by specific people or by a society whereas morals are universal. The basic idea from which morals come is the concept of human rights. Laws are supposed to guarantee human rights but many fail to do so and restrict them. In my opinion I more tend to legal positivism. There are two basic values or reasons for that decision. First, all law are required to be written, where positivism make sure that the government will follow stated rules and apprise the members of society of their rights and obligations. In a legal system run according with positivist tenets, litigants would never be unfairly surprised by the government imposition of an unwritten legal obligation that was previously unknown. Second, positivism control judicial discretion. In some cases judges are not satisfied with the outcome of a case that would be decided by narrow law. For example, some judges may not want to allow a landlord to move out old and sick woman in the middle of winter, even if the law allows such action when rent is overdue. However, positivism requires judges to decide cases in accordance with the law. One of known philosopher Thomas Aquinas distinguishes four types of law-human, divine, eternal, and natural-as follows:
A, Human law-“an ordinance of reason for the common good promulgated by him who has the care of the community.”
B, Eternal law-God’s plan for all of creation.
C, Natural law-The part of eternal law that applies to human beings; it is God’s plan for us. Natural law can be differenced by human reason, and it concludes in the correct moral principles. E.g. “it is never permissible intentionally to kill an innocent human being,” and “one must never intend what is evil, even as a means to achieving a good or avoiding a bad result” are natural laws, in Aquinas’s view.
D, Divine law-the part of eternal law that God uncovers to us human beings via Scripture. If something is against natural law, then it’s against divine law as well. But some concepts, primarily of a religious nature, are oppositely to divine law but not natural law. For example, natural reason and natural law tell us that the God exists. But it is only through divine revelation that we can know that baptism, membership in the Christian church, etc. are necessary for our salvation.
Aquinas insists that human laws are genuine laws only if they do not contradict either natural or divine law.
Other Philosopher John Austin has definition of law as followed: a “rule laid down for the guidance of an intelligent being by an intelligent being having power over him.” There are two kinds of law: positive law (rules commanded by political superiors to their inferiors) and divine law (rules that God commands all human beings to follow). Law is commands, which Austin see as an expression of a wish by someone who has the willingness and ability to enforce compliance. (“If you cannot or will not harm me in case I comply not with your wish, the expression of your wish is not a command.”)

Don't use plagiarized sources. Get Your Custom Essay on
Legal Positivism and Morality | An Analysis
Just from $13/Page
Order Essay

Find Out How UKEssays.com Can Help You!
Our academic experts are ready and waiting to assist with any writing project you may have. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs.
View our services

Unlike Thomas Aquinas, John Austin does not make any differences between divine and natural law. Austin thinks that God’s commands to us are the true morality. Austin distinguishes divine law/the true morality from “positive morality,” or the beliefs about what’s right/wrong, just/unjust that are held by the majority of people in some society. The positive morality of our society is right as it agree with divine law and incorrect insofar as it deviates from it. It does not have any value that Austin had an unorthodox view of the content of divine law. Austin believed that God commands us to be utility maximizes, making utilitarianism the true morality.
Positive laws are driven by “political superiors.” John Austin calls these superiors the “sovereign,” and he defines “sovereign” as the person or persons who are not in the habit of obeying anyone else, and who everyone else is in the habit of obeying. Positive laws are general commands by people who themselves are not bound by them, and who can enforce obedience from everyone else. I don’t really match with either of these philosophers ideas but if I should to tend to one of their views it would be the one of John Austin’s for a reason of his division of laws.
 

What Will You Get?

We provide professional writing services to help you score straight A’s by submitting custom written assignments that mirror your guidelines.

Premium Quality

Get result-oriented writing and never worry about grades anymore. We follow the highest quality standards to make sure that you get perfect assignments.

Experienced Writers

Our writers have experience in dealing with papers of every educational level. You can surely rely on the expertise of our qualified professionals.

On-Time Delivery

Your deadline is our threshold for success and we take it very seriously. We make sure you receive your papers before your predefined time.

24/7 Customer Support

Someone from our customer support team is always here to respond to your questions. So, hit us up if you have got any ambiguity or concern.

Complete Confidentiality

Sit back and relax while we help you out with writing your papers. We have an ultimate policy for keeping your personal and order-related details a secret.

Authentic Sources

We assure you that your document will be thoroughly checked for plagiarism and grammatical errors as we use highly authentic and licit sources.

Moneyback Guarantee

Still reluctant about placing an order? Our 100% Moneyback Guarantee backs you up on rare occasions where you aren’t satisfied with the writing.

Order Tracking

You don’t have to wait for an update for hours; you can track the progress of your order any time you want. We share the status after each step.

image

Areas of Expertise

Although you can leverage our expertise for any writing task, we have a knack for creating flawless papers for the following document types.

Areas of Expertise

Although you can leverage our expertise for any writing task, we have a knack for creating flawless papers for the following document types.

image

Trusted Partner of 9650+ Students for Writing

From brainstorming your paper's outline to perfecting its grammar, we perform every step carefully to make your paper worthy of A grade.

Preferred Writer

Hire your preferred writer anytime. Simply specify if you want your preferred expert to write your paper and we’ll make that happen.

Grammar Check Report

Get an elaborate and authentic grammar check report with your work to have the grammar goodness sealed in your document.

One Page Summary

You can purchase this feature if you want our writers to sum up your paper in the form of a concise and well-articulated summary.

Plagiarism Report

You don’t have to worry about plagiarism anymore. Get a plagiarism report to certify the uniqueness of your work.

Free Features $66FREE

  • Most Qualified Writer $10FREE
  • Plagiarism Scan Report $10FREE
  • Unlimited Revisions $08FREE
  • Paper Formatting $05FREE
  • Cover Page $05FREE
  • Referencing & Bibliography $10FREE
  • Dedicated User Area $08FREE
  • 24/7 Order Tracking $05FREE
  • Periodic Email Alerts $05FREE
image

Our Services

Join us for the best experience while seeking writing assistance in your college life. A good grade is all you need to boost up your academic excellence and we are all about it.

  • On-time Delivery
  • 24/7 Order Tracking
  • Access to Authentic Sources
Academic Writing

We create perfect papers according to the guidelines.

Professional Editing

We seamlessly edit out errors from your papers.

Thorough Proofreading

We thoroughly read your final draft to identify errors.

image

Delegate Your Challenging Writing Tasks to Experienced Professionals

Work with ultimate peace of mind because we ensure that your academic work is our responsibility and your grades are a top concern for us!

Check Out Our Sample Work

Dedication. Quality. Commitment. Punctuality

Categories
All samples
Essay (any type)
Essay (any type)
The Value of a Nursing Degree
Undergrad. (yrs 3-4)
Nursing
2
View this sample

It May Not Be Much, but It’s Honest Work!

Here is what we have achieved so far. These numbers are evidence that we go the extra mile to make your college journey successful.

0+

Happy Clients

0+

Words Written This Week

0+

Ongoing Orders

0%

Customer Satisfaction Rate
image

Process as Fine as Brewed Coffee

We have the most intuitive and minimalistic process so that you can easily place an order. Just follow a few steps to unlock success.

See How We Helped 9000+ Students Achieve Success

image

We Analyze Your Problem and Offer Customized Writing

We understand your guidelines first before delivering any writing service. You can discuss your writing needs and we will have them evaluated by our dedicated team.

  • Clear elicitation of your requirements.
  • Customized writing as per your needs.

We Mirror Your Guidelines to Deliver Quality Services

We write your papers in a standardized way. We complete your work in such a way that it turns out to be a perfect description of your guidelines.

  • Proactive analysis of your writing.
  • Active communication to understand requirements.
image
image

We Handle Your Writing Tasks to Ensure Excellent Grades

We promise you excellent grades and academic excellence that you always longed for. Our writers stay in touch with you via email.

  • Thorough research and analysis for every order.
  • Deliverance of reliable writing service to improve your grades.
Place an Order Start Chat Now
image

Order your essay today and save 30% with the discount code Happy