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Natural law and positivism - Essay Example
Author : msteuber
Pages 2 (502 words)
Natural law and positivism, as they are related to fundamental rights and democracy, sparks debates on many levels. Before exploring the various viewpoints of these two rules or theories, it may be worth exploring the relationship between the two. Natural law is by definition a set of ethical rules that people use to govern themselves…
A segment of positivism purports that law and morality must operate separately. 'Natural law examines what the law should be' (Eglinton 2005). Eglinton states in his essay entitled Natural Law that 'Natural law overstates the relationship between law and morality, but positivism underestimates the importance of the relationship' (Eglinton 2005).
Professor Jeremy Waldron has his own views on rights and democracy and the way the government attempts to mandate them by the use of laws. Professor Waldron believes that rights of a society are first and foremost in everyone's mind. He believes that Majoritism has it place in society. Unlike his opponents, Professor Waldron believes that the fact that the government allows the majority of the population to make decisions regarding laws and policies does not impede on the minority. His view is that the minority population is also considered because they too have been given the opportunity to choose or elect the officials that institute laws and policies. Waldron believes that although there are instances when democratic societies will implement laws that will infringe on the rights of the minority that the democratic process itself does not allow for the majority to be 'tyrants' to the minority. ...