The Drowning Child vs. the Law: Bridging Legal Positivism and Moral Duty
Mercersburg Academy, 100 Academy Dr, Mercersburg, PA 17236, US
Introduction
This paper will highlight the Nuremberg trials as an example where natural law was not yet fully codified. Egregious violations such as genocide, crimes against humanity, and aggressive war have led to closing this gap faster. This paper will then cover the Universal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights (ICCPR) as examples of a pre-emptive effort to codify universal moral principles before more violations of human rights occur. From the above case studies, the paper will grapple with ways to increase compliance in international human rights law.
Conclusion
The paper argues that legal systems are more effective and legitimate when formal obligations are aligned with widely shared moral principles. It positions natural law as a practical bridge for improving compliance where positive international law lags behind ethical imperatives.
How to Cite
Kim, Ian. The Drowning Child vs. the Law: Bridging Legal Positivism and Moral Duty. Journal of Youth Impact. April 2026; 1(Issue 2). DOI: https://doi.org/10.66245/jyi.v1.i2.008