Re: Property and the Law

From: Mike Lorrey (mlorrey@datamann.com)
Date: Wed Jul 25 2001 - 11:57:36 MDT


T0Morrow@aol.com wrote:
>
> False dichotomy warning: Legal positivism and natural law are not necessarily
> opposites.
>
> Although most positivists embrace statism, they need not. Positivism,
> properly construed, merely requires that we define "law" by reference to the
> rules that effectively control human social behavior. Nor, though many do,
> need an advocate of natural law adopt the view that natural laws come from
> God, or Kantian edicts, or other such noumenal realms. Advocates of natural
> law can embrace a positivist methodology, arguing that natural laws are those
> that in practice prove effective--"natural" if you will--to ordering human
> societies. See, e.g., Hayek's explanation of the evolution of law.

Thanks, TO, that is exactly as I've been saying all along.

Frankly, I don't see 'God' as being 'natural' at all, especially since
this alleged 'God' is actually 'supernatural', i.e. outside the realm of
nature.



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