Analysis of Natural Law, Legal Positivism, and Philosophical Theories

This report delves into the contrasting concepts of natural law and legal positivism within the realm of sociology. It explores the core tenets of each, highlighting their fundamental differences and areas of contention. The report examines key philosophical perspectives, including the theories of John Austin, Jeremy Bentham, Immanuel Kant, Ronald Dworkin, and Aristotle. It analyzes how these philosophers have shaped the understanding of law, morality, and justice. The report provides a comparative analysis of these legal philosophies, discussing their strengths, weaknesses, and implications for society. It also touches upon the relationship between enacted laws and natural law principles, offering a comprehensive overview of the subject. This report is a valuable resource for students seeking to understand the complexities of legal theory and its impact on society.

Running head: SOCIOLOGY 1
Legal Philosophy
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SOCIOLOGY 2
Essentially, there are two types of natural law theories. The first is the natural law of
morality, it states on what is right or what is wrong. The other law is the theory of positivism
which states the legality or whether something is illegal. Both theories are dependent of each
other as legal positivism states that natural law is false and the vice versa is also true. The two
are a rival view of what law is and what its relation to justice or morality is (McCrudden, 2017).
As such, there are various philosophers who came up with the theories. They include john
Austin, Jeremy Bentham, Ronald Dworkin Aristotle and Immanuel Kant.
Philosophers and their theories critiqued.
The first is John Austin is famous for the legal positivism theory. The theory mentions
that there are immanent laws in nature. As such, enacted laws should correspond as closely as
possible. The law is baseless as it does not mention which laws are natural (d'Entreves, 2017).
That is the reason why many other philosophers have discredited the law.
Secondly, Jeremy Bentham is responsible for the utilitarianism law. The law promotes
actions which enhance happiness and wellbeing for majority of the people. Thirdly, deontology
is a law which protects an individual’s rights, autonomy and liberty. It was invented by
Immanuel Kant.
Fourthly, Ronald Dworkin is responsible for interpretivism theory (McCrudden, 2017).
According to this theory, law holds that the best interpretation of a community is determined by
its legal rights and duties.
Lastly, Aristotle is one of the greatest philosophers who holds the theory of virtual ethics.
The theory emphasizes on how character is responsible for a person’s morality in the society.
Only Aristotle and Jeremy Bentham have theories which relate to natural law. The other three
have laws which relate to legal positivism.

SOCIOLOGY 3
References
d'Entreves, A. P. (2017). Natural law: an introduction to legal philosophy. Routledge.
McCrudden, C. (2017). Legal research and the social sciences. In Legal Theory and the Social
Sciences (pp. 149-167). Routledge.