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As for that attention to fact which positivists think a virtue of their method, it is fully present and operational in any adequate philosophy of law (natural law theory). For practical reason advances in deliberation towards choice (whether concretely or more universally and abstractly, ―philosophically‖), and does so by the use not only of normative premises about the good and the right but also, indispensably, of factual premises about the conditions in which the good can be attained or would be harmed. The truth of those premises has to be earned, by rigorous attention to facts, experience, the typical, the likely, the physically, biologically or psychologically possible, and so forth.

In short: the philosophy of law is best pursued without reliance on such equivocal labels as ―positivist‖. Should we also dismiss the label ―natural law theory‖? Any sound theory or philosophy of law will need to attend to two broad kinds of principle, norm and standard: those applicable by persons of practical reasonableness only because of they are standards chosen or otherwise factually established by past choices of their community, and those that are applicable whether or not so chosen or ratified. For the latter, the history of our civilization has adopted the name ―natural law‖. The adoption can be traced to Plato‘s engagement with the Sophists‘ theory that more or less egoistic strength and cunning naturally, and so to say ―by right‖ and reasonably, hold sway in human deliberation. Plato‘s brilliant recapturing of ―right by nature‖ from this sophistical error14 has been decisive for our vocabulary, making its way through Aristotle, the Stoics, Cicero, St Paul, Gaius and Aquinas and their successors down to the United Nations Charter15 and today. There is no symmetry of unserviceability between the labels ―positivism‖ and ―natural law theory‖, though the latter, to be sure, labours under misinterpretations as grave as the Sophists‘ and further tangled by a long civilizational sequence of reversions, accretions and quasi-philosophical flotsam and jetsam.