Legal Theories Generally, there are two views of “right and wrong” that are reflected in our legal system.

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Presentation transcript:

Legal Theories Generally, there are two views of “right and wrong” that are reflected in our legal system

Positive Law Right and wrong are what we as a group, culture, nation, or civilization decide they are. The only way to define what is just or right or wrong is to look at what the law says. This is called positive law or legal positivism.

Natural Law Right and wrong are concepts that are independent of human experience. Therefore, the laws proclaimed by humans who happen to be in control may not always command obedience. The explanations of how humans perceive these never changing concepts depend on the philosopher that is being studied. This is called natural law.