Legal Positivism v Natural Law Flashcards
How is legal positivism defined?
Law is man-made and particular to a community, nation-state, or society.
What are strengths of legal positivism?
It is particular in service to each place. Making it subjective and easily applicable
What are the critiques of legal positivism?
Morality would then be created by the dominant group. Might makes right.
What’s Holmes’ view?
Holmes argued that morality is created by the dominant group, which has the power of the majority.
What is Teideman’s view?
The moral sentiment of the people determined the nature and extent of citizens rights so rights could not be absolute
How is natural law defined?
Natural law is the ethical theory that set laws are inherent in all existence.
What is Augustine’s view?
Augustine’s argument supports the theory of natural law. In his interpretation, an unjust law goes against the natural law.
What is Aquinas’ view?
He believed that natural law is based on human nature and reflects God’s eternal law.
What is Blackstone’s view?
Natural law is a set of fundamental principles that govern human law and all valid laws derive their authority from it.
Is there a positive law within the Natural Law framework?
Yes, but the man-made law should align with the Natural law
