Wednesday, May 6, 2020

The Impacts of Positive Law on the Modern Legal System

Positive law is an instrument of social control and in order to achieve this, the society and the citizen in it must conform to certain rules and regulations, to maintain social equality and justice. Where as in the theory of natural law, which is based on ethics and morality. They contend that certain standards have always existed, and will continue to exist and that law and justice should reflect these persevering benchmarks. Positivists: HLA Hart, Thomas Hobbes and the mass murder shooting at Sandy Hook Elementary, help show the impact that positive law has had on today’s legal system. Overall positive law is more significant than natural law because, natural law allows flexibility of conduct. Natural law is more flexible because moral and ethical beliefs can change over time. Positivist such as HLA Hart believed that â€Å"laws are social contracts between the government and the people.†(Concept of Law) Contending that legitimate law is not just commands backed by real force and sanctions, but enacted through primary and secondary rules. One of the social contracts between the government and people would be not to counterfeit Canadian currency. On December 2nd 2013, a man from Hamilton has been charged with using counterfeit bills to con local businesses. †The man has been charged with obstructing a peace officer and uttering counterfeit money.†(CTV News) Thanks to the Ontario provincial police the criminal has been since apprehended and put to justice and will not be ableShow MoreRelatedThe Distinction Between Natural Law And Legal Positivism Essay1747 Words   |  7 Pagesdeliberate, scrutinize and define the distinction between natural law and legal positivism. 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