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It has long been understood that there is a difference between law and justice The Mallor text describes Legal Positivism and Natural Law and indicates the differences between the two are the unjust positive laws This essay looks to on a very basic level examine and understand these differences The essay first looks to understand what positive law and natural law mean and then look at what is meant by the law of nature Positive Law Per the text positive law is all types of laws recognized by a political authority such as a legislature or an administrative agency As I understand it constitutional statute and common laws fall into this category Also included here are administrative agency rules and executive orders There are positive laws on a local state federal and even a global level Rules and laws that do not fall into this category are rules that are established by an authority that is not recognized by the governed An example of this would be the bylaws of a social club like the Elks or Masons whose rules are recognized by the members but not by the population at large Another example would be a law passed in California to a Coloradoan Based on this understanding positive law is defined by the rules and laws to pertain to a particular individual and may be different for each person Natural Law Natural law is the subset of Legal Positivism that is just Websters dictionary describes the word just as among other things fair and deserved Mallor states that Roman statesman Marcus Cicero described natural law as the highest reason implanted in nature which commands what ought to be done and forbids the opposite Because this higher law determines what is ultimately good and ultimately bad it is a criterion for evaluating positive law Using words like fair deserve and ought takes law from a more tangible form to a subjective realm It
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