Positivism or Naturalism: Why Individual Obey Law?

Beeda Rashmitha Rani Yadav, Vignesh Duggirala

Abstract: The nature and source of law have always been the main focus of jurisprudence. This article focuses on the division of philosophical legal ideology and the origin of laws and the rationale for obeying the law by analyzing two different schools of jurisprudence; the Positivist school and the Naturalist school. In the beginning section, the article deals with the positive school and philosophical contributions made by various positivist jurists like Jeremy Bentham, John Austin, and Prof. H. L. A. Hart. The naturalistic approach to law is elaborated with Hobbes' theory and Lon Luvois Fuller's understanding of natural school in the second part. Following this, a detailed view of the Hart v. Fuller debate and the arguments is explained. The article is concluded with our opinions on why an individual should obey the law.

Keywords: Jurisprudence, law, natural school, positive school, morals, order