Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law , which is based on the divine, and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law.
Please join StudyMode to read the full document. Throughout the movie Amistad, directed by Steven Spielberg, conflict between Natural Law and Positive Law appears to be an underlying theme. The story is of a group of African slaves that effected a mutiny on their slave ship. After killing many Spaniards, the African slaves were then captured and put on trial. The story is based on a historical trial which took place in the United States during the years of
Unsurprisingly, Montesquieu supported a form of government where no one branch of government could threaten the freedom of the people Teachout These beliefs became the basis for the idea of separation of powers in the current US government. The three branches of government were created to act as a preventative measure in hopes of deterring any tendency for corruption. Forcing humans to give restrict their freedom to gain freedom from the state is a contradicting concept. This form of government is much more autocratic and demanding of citizens.
It was first developed by David Hume. Analytical positivism is all about surety in logical form and it overprotected the Law. Legal positivism.