1. The Identity of Law
... elaborate on "reason". Natural law creates a rational basis for determination of positive law and also a criteria for individuals to decide whether to obey the positive law or not. Laws may be unjust also. But, he says that the circumstance may demand that an unjust law be follwed as disobedience leads to weakening the legal system. This applies more to judges. The positivist critique that ... laws may be law but too evil to be obeyed. This is a moral condemnation which everyone can understand and it makes an immediate and obvious claim to moral attention. If, on the other hand, we form...
- Word Count: 7680
- Approx Pages: 31
- Grade Level: High School