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Enforceable rules governing relationships

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An example of the difference between natural law theorists and legal positivists would be the issue of abortion. Natural law theorists would tend to think that unrestricted abortion would be naturally wrong from a moral standpoint and would carry natural negative societal consequences whereas a legal positivists would believe there to be no natural moral law involved there and that we would be free to leave the entire issue unrestricted without any negative natural societal consequence.

  • Laws (in the context of this class) are enforceable rules governing relationships among individuals and between individuals and their government.
  • Most people exclusively choose one or the other of the two foregoing legal theories and do not adopt aspects of each.
  • Natural law theorists believe that there are natural laws that apply to people and that to the extent our human laws comply with those natural laws, society will do better than if it didn't.
  • Legal positivists largely dismiss the notion of natural law and believe that human law can be whatever we wish it to be without inherent natural consequences.

Reference no: EM132533065

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