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Essay / Research Paper Abstract
This 8 page paper summarises two chapters of a law book. The first chapter summarised looks at the theory of positivism, explaining what it is, how it is perceived and the differences between classic and modern positivist theory. The second chapter summarised looks a natural law including the views of Aquinas and Finnis, comparing natural law to positivist law.
Page Count:
8 pages (~225 words per page)
File: TS14_TEposnatlaw.rtf
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Unformatted sample text from the term paper:
because of its moral worth. It is possible that a law has been enacted which prohibits an action which is not immoral; likewise it is possible that more actions are
prohibited. Under legal positivism the reason that the law is followed is due to something other than the moral content of the law and the legal ought is different from
the moral ought. And if this approach it is necessary that valid laws can be distinguished from other roles where a legal obligation is not attached. The following of the
law compliance results from the normative authority; the question is where this normative authority originates. It may be argued that under positivism the law is followed at a choice; it
is self-interest matter. Immoral conduct may gain criticism and have social consequences, but the state is not going to intervene by taking property or liberty. Conversely, undertaking an illegal act
may see a cost in terms of property and liberty, indicating that the law is a tool of the state to force compliance with its normative authority and as a
form of coercive enforcement as well as becoming a way of validating that law. With this approach morality and the law are two very separate subjects. However, there are a
number of laws where there are no apparent sanctions non-compliance, therefore self-interest alone is unlikely to account for the laws authority. Therefore, a least part of the normative value of
law must be derived from its validity as law. In order to understand this it is important that the nature of law. Inherent in the study of law the issues
of force of power and morality. The first point of view when considered by the external or non participant observer, the contemplative aspect of Aristotle, it is because the law
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