Abstract

Although Positivism and Natural Law theories seem to be mutually exclusive theories regarding the law, one might be able to salvage the attractive features of both theories by confining each theory to a different area of judicial life. The most promising line of demarcation is to confine Positivism to theories of validity, and to confine Natural Law to theories of adjudication. This strategy has been very ably outlined in a paper by David Brink, which I shall use as the springboard for this essay. I argue that Brink's attempt fails and that any attempt to reconcile Positivism and Natural Law by dividing Theory of Adjudication and Theory of Validity in unlikely to succeed because Positivism has an adequate accoun tof both validity and adjudication.