THE ‘LAW OF NATURE’
There is confusion in legal theory because many views opposed to legal positivism are grouped under the term "natural law," even though they may differ greatly. Legal positivists argue that the law comes from human or superhuman design, but the idea of "natural" law traditionally suggests that law develops through evolution and natural selection. This means law is not intentionally designed but evolves over time. The current use of the term "natural" is misleading because it encompasses different meanings, making it unsuitable for scientific discussions. While the rules of conduct cannot be seen as natural or fixed in humans, they can exist objectively—meaning they are not solely based on individual choice. The evolutionary approach to law differs from both legal positivism and traditional natural law theories. It does not consider law as a product of a supernatural force or deliberate human design. Instead, it emphasizes understanding law through its function in society, which may include unarticulated rules that help maintain social order.
There is confusion in legal theory because many views opposed to legal positivism are grouped under the term "natural law," even though they may differ greatly. Legal positivists argue that the law comes from human or superhuman design, but the idea of "natural" law traditionally suggests that law develops through evolution and natural selection. This means law is not intentionally designed but evolves over time. The current use of the term "natural" is misleading because it encompasses different meanings, making it unsuitable for scientific discussions. While the rules of conduct cannot be seen as natural or fixed in humans, they can exist objectively—meaning they are not solely based on individual choice. The evolutionary approach to law differs from both legal positivism and traditional natural law theories. It does not consider law as a product of a supernatural force or deliberate human design. Instead, it emphasizes understanding law through its function in society, which may include unarticulated rules that help maintain social order.