Neglected Perspectives on Law ?

27 Feb

The writer has been reflecting on the idea that Law is per se a good rather than a neutral thing. This appears to be assumed or stated by Aristotle in the Politics, and is presumably – tho’ I’m certainly open to counter-citations – adopted by his successors like St Thomas Aquinas.

Of course the idea is controversial, but it is striking how much theoretical work it does – so it may be worth reconsidering – or at least using it to clarify why we are so sure that Law is evil or at best neutral, and so needs separate justification.

If so, then some of the difficulties positivists pose to Natural Law theories are addressed – as are indeed some of the difficulties positivists face themselves. Living under laws is a good thing, and so obedience to those laws in force here and now is at least to be presumed.

This needs some examples to play with …

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