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Positivism VS Naturalism

MiG_853

Two schools of thought that have been batteling it out here in Europe for a while now. Was wondering what you guys think. Also, do they apply to common law?

Essentially it's the debate between whether a law is justified by a higher order (say human nature or god) or whether law is justified in itself, seen as it is the expression of a societies values.

Note: This is to do with the issue of unjust laws, and how we can justify them, and whether any law can ever be fully justified.
Two schools of thought that have been batteling it out here in Europe for a while now. Was wondering what you guys think. Also, do they apply to common law?

Essentially it's the debate between whether a law is justified by a higher order (say human nature or god) or whether law is justified in itself, seen as it is the expression of a societies values.

Note: This is to do with the issue of unjust laws, and how we can justify them, and whether any law can ever be fully justified.
Posted: Oct 4, 2007 6:40 AM - Quote - Report!
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