Natural Law: A Libertarian View
Northwestern University - Pritzker School of Law
May 2, 2008
Northwestern Public Law Research Paper No. 08-03
FIU Law Review, Forthcoming
What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law that was inherently limited to the needs of society and had no power beyond the outer edge of a person's zone of privacy.
Number of Pages in PDF File: 23
Keywords: natural law, legal positivism, privacy, libertarianism
JEL Classification: K10
Date posted: March 17, 2008 ; Last revised: May 6, 2008
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