- 05 Mar 2008 19:43
#1469399
What philosophy of law do you generally adhere to?
Natural Law Theory: Justice is a necessary condition of law (i.e. the validity of law is measured according to a higher standard, such as morality or natural rights). You do not have an obligation to obey an unjust law. Leading thinkers include: Aquinas, Locke, Fuller, and Finnis.
Legal Positivism: Law is law. It is entirely conventional and valid as long as it is a product of the legal system. It must be obeyed whether it is just or unjust. Leading thinkers include: Bentham, Austin, and Hart.
Natural Law Theory: Justice is a necessary condition of law (i.e. the validity of law is measured according to a higher standard, such as morality or natural rights). You do not have an obligation to obey an unjust law. Leading thinkers include: Aquinas, Locke, Fuller, and Finnis.
Legal Positivism: Law is law. It is entirely conventional and valid as long as it is a product of the legal system. It must be obeyed whether it is just or unjust. Leading thinkers include: Bentham, Austin, and Hart.