Natural Law Verses Positivism -- Janna Legg

To understand the root of the current debate today, lets take a look at Natural Law verses Positivism.

What is Natural Law?

Freedom comes by virtue of being created human, from our very nature, and holds that laws created by kings or legislatures are always secondary to Natural Law (Strict Constutionalist). Natural Law Theory teaches that because all people desire freedom from human restraint and because all humans yearn to be free, our freedoms must stem from our very humanity--and ultimately from our Creator of humanity, God. To understand natural law, you have to look at the Constitution (http://www.usconstitution.net/const.html) and The Declaration of Independence (http://www.ushistory.org/declaration/document/) together. The language of the Declaration Of Independence refers specifically to God Given Rights. Also written is Freedom of speech, religion, ideas, fortune, free independent states,and freedom from legislatures unwarrantable jurisdicition over us. (Just to name a few)

Our rights can not be legislated away.  The only way our natural rights can be taken away is by a Jury following due process. Under Natural law, Legislatures have unwritten limitations imposed upon them, and those limitations prevent a legislature, no matter how one sided the vote and no matter how popular the legislation, from enacting a law that interferes from natural rights. When the people created legislatures, and when the states created Congress, they never gave these bodies the authority to interfere with natural rights.

Under Natural Law, the only legitimate goal of the Government is to secure liberty, which is the freedom to obey ones own free will and consciences of others whether you are an individual outside the government or working for Government.

What is Positivism?

Positivism (Loose Constutionalist) is the opposite of Natural Law. Under Positivism, the law is whatever those powers say it is, whether that decision is democratic or dictatorial in nature. Positivism demands that all laws be written down, and requires that there are no theoretical or artificial restraints (such as natural law) on the ability of government to enact whatever laws it wishes.

In this theory the majority always rules and always gets its way, since there are no minority rights to be protected--except whatever rights the majority might condescend to grant.

A Positivist believes, rights come from government, and Government can always repeal what it grants. The positivist would say that since the majority in a free society gives freedom, the majority can take it away. To a positivist, the governments goal is to bring about the greatest benefit to the greatest number of people.

Is there middle ground for the American people? Is there a way to get back to common sense laws? Based on laws and legislative policies passed in the past couple of years, there does not seem to be a middle ground. Hopefully, America will continue to take time to understand what laws can look like for themselves, their businesses, their family, and their communities.