What is natural law?

Natural law is a philosophical current that establishes that certain laws are inherent to human nature and, therefore, must be followed regardless of their existence in a legal framework. According to natural law, there is an orbit of universal laws or legal principles that are based on human reason, and that must always be applied, regardless of whether positive law includes them or not.

Principles of natural law

• Natural justice is superior to all positive law.
• What is correct or fair is understood by itself, independent of the laws that regulate it.
• Natural law is the same for all human beings, without distinction of race, religion, sexual orientation, etc.
• There are fundamental rights that are inalienable and non-transferable.

What is legal positivism?

Legal positivism, on the other hand, maintains that law is a social and cultural phenomenon, and that it can only be understood within the context of a positive legal framework. According to iuspositivism, only the norms established by the State are legal, and any principle that has not been recognized within the positive legal framework has no legal validity.

Principles of legal positivism

• The only legal norms that exist are those established by the State.
• The legitimacy of the right comes only from its creation by the State, regardless of its ethical content.
• The right is found only in the legal norms that have been created and positivized by the State.
• The right is valid from the moment it is promulgated by the State, regardless of its moral or ethical content.

Main differences between natural law and positivism

• Natural law is based on universal principles that apply to all people, regardless of social and cultural context. Legal positivism, on the other hand, is governed only by positive laws established by the State.
• Natural law establishes that there are laws inherent to human nature that must be respected, regardless of their existence in a specific legal framework. Legal positivism only considers the norms established by the State to be valid.
• Natural law maintains that there is a natural law superior to the positive law established by the State. Legal positivism is governed only by the positive law established by the State, regardless of its ethical or moral content.
• Natural law establishes the existence of inherent fundamental rights to the person human. Legal positivism only recognizes the rights that have been established by the State.

In summary, natural law and positivism are philosophical currents that offer different explanations about the nature of law. While natural law maintains that there are laws inherent to human nature that must always be respected, regardless of their existence in a specific legal framework, positivism considers valid only that which has been established by the State.

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