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Laws and Our Relationship to Them (How are Laws Different from other rules…
Laws and Our Relationship to Them
How are Laws Different from other rules
Rules change depending on the setting that you are in, Hotel, household, restaurant, sports arena, etc. Laws are more than less constant through out different settings
When a law is broken you are awarded Due Process, the same may not be said for breaking a rule.
Takes longer for a legal law to change
rules influence laws
laws command masses while rules control smaller populations
Rules give authority to non government agenices
Punishments are usually less severe for breaking of rules when compared to laws
Who follows laws
People only have to follow laws that they are dealing with them.
Blind people or children don't have to worry about speed limits because they aren't suppose to drive in the first place.
Where do Laws come from
Positive Law
created by Humans
We know it exists because it is written down in legal code
Natural law
Created by Nature
We know it exists because we are rational human beings
Natural Law according to natural law theorists
Natural law is universal
Its the highest law over positive and divine law
Reason tells us what natural law is
Divine Law
Created by God
It exists becasue people have faith in it
If no one believes then it doesn't exist
Separability Thesis
Law and morality can be separated
Examples being Slavery and Nuremberg laws
Positive laws that exist but were not morally based
Subscribed by Positive Law theorists
Natural Law theorists believe that this is impossible
Pecking Order Examples
Atheist Positivist 1.) Positive Law 2.) Natural law and no Divine law
Atheist Naturalist 1.) Natural Law 2.) Positive Law and divine law doesnt exist
All depends on your beliefs
Relativism
What positive law works with one culture may not work with another
Laws in the United States may not work in Rwanda