UGC Approved Journal no 63975(19)
New UGC Peer-Reviewed Rules

ISSN: 2349-5162 | ESTD Year : 2014
Volume 12 | Issue 10 | October 2025

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Volume 11 Issue 3
March-2024
eISSN: 2349-5162

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Published Paper ID:
JETIR2403001


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533490

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a1-a13

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Title

Legal Positivism vs. Natural Law Theory: Implications for Morality in Legal Systems

Abstract

This paper examines the divergent effects of natural law theory and legal positivism on the impartiality and coherence of moral principles in legal frameworks. Legal positivism disentangles the morality of law from its validity and places an emphasis on the formal sources of law. Natural law theory, on the other hand, looks for innate moral precepts that underpin legal authority. The research illustrates that, independent of moral content, legal positivism fosters consistency by depending on precise, well-established standards for legal validity. Due to potential disagreements among legal actors regarding the ethical implications of positive law, this could result in subjective interpretations of morality. On the other hand, natural law theory aims for an objective moral foundation, which could result in more uniformity among legal systems. The identification and application of universal moral principles, which are subject to debate and can be influenced by culture, presents a potential source of subjectivity. The study looks at how these opposing ideologies manifest in actual legal disputes, like those involving euthanasia and same-sex marriage. In the end, it makes the case that both viewpoints are insightful and that continuing conversations about the place of morality in legal systems can benefit from a nuanced assessment of their relative merits and drawbacks.

Key Words

Legal positivism: The foundation of law is validity and formal sources, not morality. Natural law theory: Universal, innate moral principles are the source of law. Moral principles are basic rules of ethics that define what is right and wrong behavior. Consistency: Abiding by consistent norms and steering clear of inconsistencies. Objectivity: The quality of being fact-based and free of bias. Legal systems : Groups of regulations and establishments that uphold people's rights and duties. Legal reasoning : The process of making a decision by applying legal principles and rules to particular facts. Legal theory : The study of the structure, principles, and application of law, frequently with an emphasis on moral and philosophical issues.

Cite This Article

"Legal Positivism vs. Natural Law Theory: Implications for Morality in Legal Systems", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.11, Issue 3, page no.a1-a13, March-2024, Available :http://www.jetir.org/papers/JETIR2403001.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"Legal Positivism vs. Natural Law Theory: Implications for Morality in Legal Systems", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.11, Issue 3, page no. ppa1-a13, March-2024, Available at : http://www.jetir.org/papers/JETIR2403001.pdf

Publication Details

Published Paper ID: JETIR2403001
Registration ID: 533490
Published In: Volume 11 | Issue 3 | Year March-2024
DOI (Digital Object Identifier):
Page No: a1-a13
Country: -, -, India .
Area: Engineering
ISSN Number: 2349-5162
Publisher: IJ Publication


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