The positive law

natural law dichotomy, Aristotle and the Greek totemic legal culture

pp. 13-35

in: William E. Conklin, The invisible origins of legal positivism, Berlin, Springer, 2001

Abstract

One can readily appreciate that the tradition of legal positivism has defined itself in terms of an antagonist: natural law theory. Binding laws are considered cognitive objects (rules, principles, doctrines, policies) that human authors have posited. Natural laws are said to transcend such humanly posited objects. If inconsistent with the natural law, a humanly posited rule is void or unauthorized. As such, the humanly posited rule does not exist.