Natural Law Analysis

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The legal system of a country is the foundation of a country. It can be referred to as the basis or groundwork of anything. This includes the moral foundation of both society and religion. During Apartheid in South Africa, the Apartheid Government followed an approach referred to as the positivist approach. Natural law theorist's and positivist law theorist's have controversial theories. The Apartheid governments policies and post Apartheid policies is a prime example of the views of natural law theorist and positivist law theorist The natural law theorist refer to an approach to law where law is viewed as valid if the laws comply with universal principles of morality, justice and scientific laws. Whereas, positivist approach is a reaction…show more content…
The natural law approach goes against the laws executed by the positivist approach. Due to the fact that the positivist approach is unfair and unjust and it created a country filled with inequality and resentment which is still present post-apartheid. When referring to Apartheid, the natural law theorists argue that the Apartheid laws was an evil racialised oppression and an exploitation and deprivation. Whereas, the positive approach would view it as legal due to the fact that all the policies were validly executed in terms of the acts of parliament.One can say that the positivist approach created a country based on laws enacted by the Apartheid Government to create a country which was based on white domination. This created a legal approach which limited democracy in South Africa and created a nation which had to obey the authority, even if their basic human rights were continuously violated. The Apartheid government policies, which followed the positivist approach created an authoritarian…show more content…
During Apartheid, the positive law approach had a drastic effect on the lives of the people living in South Africa. The laws were discriminatory to the majority of the population and unjust. Many non-white South Africans did not have the same opportunities as white South Africa. This created an unbalance when it came to education and the racial ratio of skilled workers in many professional positions. The laws were in favor of the minority and created a barrier between the races. This did not comply with the universal principles of morality and justice and that is why many countries boycotted the Apartheid government and their
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