Historical Philosophy of Natural and Positive Law

            Austin believed that justice and morality are measured by obedience to the law. He recognized that law might also be judged against the rules of morality, or a divine standard, and he considered these measures. He realized that such measures would lead to chaos because individuals would be free to select those laws best designed to meet their purposes. Conversely, positive law provides an objective standard for human conduct. It is a “legal norm applying equally and impartially to all individuals.” Hence, the purpose of the law is considered more significant than its quality.

            There were three basic points of Austin’s theory. The three points were; law is command issued by a sovereign, such commands are backed by threats, and a sovereign is one who is habitually obeyed (Wikipedia, page 1).[3] This reveals that, according to Austin, law should be something that others should be demanded to follow and failure to do so should result in a punishment. There should be little or no room for civil disobedience. Conversely, the laws should have a practical purpose, a purpose that pursues the idea of the “greatest happiness of the greatest number” and also provide a beneficial function for the society.

In my opinion, Austin’s thinking is very influential to today’s society. In a democratic society, laws are made to fit the purpose of the community, and are made in such a way that it meets the needs of everyone and ensures happiness of all. All laws are enforced, however, there is no threat issued with the law, but instead there are punishments that prevent not following the law.

Conclusion

Natural law, in my opinion, is just human instinct to do certain things. However, many things can influence these instincts. For example, if an individual, in his past learned or experienced that taking revenge is best way to resolve issues, that individual will base his decisions using those instincts. This is why I believe that natural law should not be a part of human law-making process. Positive law, on the other hand, consists of much better ways to run a society. The reason being that positive law ensures a more stable and ordered society. With positive law, there is a purpose to follow the law, and that purpose is to keep peace and order. Laws are not made by instinct, but are made by checking the issues of the society, and are made to ensure peace in the society.

Bibliography

“Historical Quotes.” Grade 11. Printed by Ms. Khatri. Print.

“John Austin (legal philosopher) -.” Wikipedia, the free encyclopedia. Web. 23 Sept. 2009. .

“Sources of Law.” Understanding Law. 2nd ed. Toronto: McGraw-Hill Ryerson press, 1996. 11-12. Prints.

[1] “Sources of Law.” Understanding Law. 2nd ed. Toronto: McGraw-Hill Ryerson press, 1996. 11-12. Print.

[2] “Historical Quotes.” Grade 11. Printed by Ms. Khatri. Print.

[3] “John Austin (legal philosopher) -.” Wikipedia, the free encyclopedia. Web. 23 Sept. 2009. .