Changes

5 bytes removed ,  06:18, December 24, 2014
Line 7: Line 7:  
Natural Law supporters point to examples such as [[slavery]], which was once legal in many places, but is now illegal, because people had the law changed because they considered slavery immoral. A legal positivist would not argue against there often being a causal connection between morality and law, as clearly according to this example and many others there is, but would say that there is no ''inherent'' connection: and thus say that law is not based on morality.
 
Natural Law supporters point to examples such as [[slavery]], which was once legal in many places, but is now illegal, because people had the law changed because they considered slavery immoral. A legal positivist would not argue against there often being a causal connection between morality and law, as clearly according to this example and many others there is, but would say that there is no ''inherent'' connection: and thus say that law is not based on morality.
   −
The most commonly used example to illustrate the difference between the two camps is to imagine a scenario where a law against vehicles being used in a town centre after 21:00 were to be instituted, in an effort to reduce pollution. Then, imagine that someone is caught in the town centre after 21:00 riding a bike. An advocate of natural law would suggest the person not be punished, because bikes do not cause pollution, and it was reduction of pollution that was considered the moral issue in making the law. A legal positivist would instead look to whether or not a bike is a vehicle as defined by the statute, and base punishment on that.  
+
One commonly used example to illustrate the difference between the two camps is to imagine a scenario where a law against vehicles being used in a town center after 21:00 were to be instituted, in an effort to reduce pollution. Then, imagine that someone is caught in the town centen after 21:00 riding a bike. An advocate of natural law would suggest the person not be punished, because bikes do not cause pollution, and it was reduction of pollution that was considered the moral issue in making the law. A legal positivist would instead look to whether or not a bike is a vehicle as defined by the statute, and base punishment on that.  
    
Natural Law theorists would argue against those who say that the law should not be used to enforce morality.
 
Natural Law theorists would argue against those who say that the law should not be used to enforce morality.
Block, SkipCaptcha, Automoderated users, edit, rollback
5,023

edits