Monday, October 19, 2009

Traditional Natural Law = Positivism

In theory, Traditional Natural Law theorists would be the same as Positive Law theorists. Traditional Natural Law theorists want the law to be based on morals. These theorists would definitely follow the law if the law was completely moral. The Positive Law theorists would definitely follow this same, moral, law. There is only a difference between the Traditional Natural Law theorists and Positive Law theorists when laws are immoral. So, in theory, these two different types of theorists would be the same. However, theory is different from practice.

Ideally, all laws are moral. Yet, that is not the case. There are a few reasons that a law would be immoral. One reason is that the law was moral at its inception, but has since become immoral. For example, a law that doesn't account for new technological advances could become an immoral law. Another law that is immoral is one that only seems moral for most people or for a lot of people. For example, a law requiring rich people to pay a higher percentage of taxes than other people may seen immoral to those people paying taxes. Yet, it seems moral to those struggling to get by.

I think one of the goals of the legislative branch of the government is to make the disconnect between the Traditional Natural Law theorists and the Positive Law theorists as small as possible. It is impossible for this gap can be completely bridged because society changes and because each person has a different opinion about what is moral.

1 comment:

  1. i really like your example of individuals with a higher income paying a higher tax because it is so evident in today's society. Almost every law, aside from the major felonies like murder and rape, can be argued by some subculture. The best example would be the current war on drugs. Many liberals don't see small marijuana possession as a serious crime because it is a victimless crime. However, conservatives see this a s very serious crime that should be punished harshly. This just proves how hard it is to make a completely moral law in today's society.

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