Professional Documents
Culture Documents
COmmandments
natural law- depnds on something outside the positive law, natural law is not
eough, it's possible that you enact an unjust law- all image and likeness of God,
fetus and criminaL, can you justify then abortion? can you justify the death
penalty? using a natural law perspective?
this i the law that I have to follow, because it follows the Divine Law
- what principles can we dervie from nbeing Human which we think derive from God,
dervide from years and years of wisdom from the jewish people, already practicing
it
Legal positivism- stick with postiviwe law, dont need to lookat reason, dont have
to go to morality, just apply it or to look reaason
how tocheck if its valid, check if it stuck with the system, by invoking the
COnstitution, ultimate positvie law COnsti in the country
equal protection and privacy you can arrive at the same conclusion using natural
and positivist
natural- what i can give you, you can argue that the law is wrong, against God's
WIll, in positivist u can only argue that it violates the Consti
self defense- ntural law agreement, crcumstances of insanity, natural law imbedded
in positivist law
natural law- doesnt need to be enacted by the state, it's based on reason, you use
reason for natural law
positive law- always enacted by the state, what is constitutional? basis of Sc- not
only SC but the situation etc petitioner