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It is a mistake to make generalizations about two opposingtheories of law: natural law and legal positivism.' Boththeories level charges against the other. Some are perceptive;others are unfounded. What is less well known, butequally true, is that historically both the natural law defendersand the proponents of legal positivism have disagreed asmuch among themselves as with their opponents. 2 If progressis to be made in legal philosophy by studying the worksof important legal philosophers, it will be made by carefullyexamining the theories developed, rather than by attaching alabel to the philosopher and then assuming certain thingsabout that legal philosopher because the label has been attached.This is particularly true of the works of H.L.A. Hart.To better understand H.L.A. Hart, it is worthwhile todiscuss some general comments made by those legal philosophersnot sympathetic to legal positivism. Generally, naturallaw asserts several principles that are irreconcilable withlegal positivism. Most importantly, natural law finds thatthere is a necessary, not a contingent, relationship betweenlaw and morality. According to natural law theory, whenthere is a conflict between natural law and human law
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