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Natural Law: A Libertarian View
Anthony D'Amato Northwestern University - School of Law May 02, 2008 Northwestern Public Law Research Paper No. 08-03 FIU Law Review, Forthcoming Abstract: 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.
Keywords: natural law, legal positivism, privacy, libertarianism JEL Classifications: K10 Working Paper SeriesDate posted: March 17, 2008 ; Last revised: May 06, 2008Suggested CitationContact Information
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