Natural Law: A Libertarian View

23 Pages Posted: 17 Mar 2008 Last revised: 6 May 2008

Date Written: May 2, 2008

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 Classification: K10

Suggested Citation

D'Amato, Anthony, Natural Law: A Libertarian View (May 2, 2008). FIU Law Review, Forthcoming; FIU Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1106398 or http://dx.doi.org/10.2139/ssrn.1106398

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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