Natural and Positive Law

Only available on StudyMode
  • Download(s) : 154
  • Published : January 10, 2013
Open Document
Text Preview
NATURAL AND POSITIVE LAW

When it comes down to the law, you either have a Naturalist view, a Positivists view, or both. When coming down to what is the right decision as an individual or as a society, there will always be different solutions and opinions as to what is the common sense decision. As an individual going through cases such as Oka, Latimer, Kevorkian, and Freedom Riders, there is a line that one should not cross but also a line that should be questioned. Every case initiates different thoughts as to what should or should not of happened. From young, some people are taught to learn and go through life based on morality, while others are taught on the basic common sense that benefits all. Positivists are man-made laws made to bend society to the right path in learning to co-operate with one another. While Naturalists believe law should be based on what is morally right, not thinking as a society, but for every individual. A Positivists view counts individuals as a whole, as a society. There are reasons as to why man-made laws are not made based on morals, but as to conduct societies behavior for certain cases from happening frequently. When it comes to certain cases, there is a feel for a Positivists view. One should not insist on a certain right if it only appeals to them and not including benefits to others around them, but above all every situation could be dealt with differently. For example, in the Oka case, the Aboriginals did not want their land to be shut down because they believed that it belongs to them and they do not want any harm to their land. “These trees were put up, they’re like our mothers, how would you feel if someone was raping your mother?” an Aboriginal women stated on a news broadcasting of the event. Instead of dealing with the Aboriginals, the government played with force and the Aboriginals did not agree. From there a war broke out amongst the government and the Aboriginals, the Aboriginals built up a barricade around...
tracking img