Natural Law vs. Positive Law In spite of the personal opposition to the issue of slavery, President Abraham Lincoln took office in 1861 citing his constitutional duty of keeping the nation together rather than abolishing slavery. Lincoln intended to reunite the Union. Nonetheless, there were critical issues during the war, which compelled him to contend with slavery under his leadership. Some of these issues include enormous military losses and the high number of slaves who had the opportunity to escape behind the battle lines. Lincoln sought to issue the preliminary Emancipation Proclamation in 1862 before the final one in 1863, thus, the platform to change the meaning of war. The purpose of this essay is to explore the positive and natural
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On the other hand, the proclamation was also critical in promising the recognition and maintenance of the freedom of the freed slaves by the military, as well as the federal government (Chambers, 2013). The proclamation was an ideal element in convincing the African Americans to avoid violence while engage in working for wages, as well as facilitated their enlisting in the army and navy. It is essential to note that Emancipation Proclamation was a positive law or document based on various reasons. In the development and integration of this proclamation, there was a legitimate government, under the leadership of Lincoln, which sought to take initiatives in the course of liberating a section of its people. Evidently, Lincoln, as the executive leader of the U.S., focused on using his positive law based executive powers with the intention of liberating the slaves across different states.
He stated: I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons (Chambers, 2013,
On the other hand, the proclamation was also critical in promising the recognition and maintenance of the freedom of the freed slaves by the military, as well as the federal government (Chambers, 2013). The proclamation was an ideal element in convincing the African Americans to avoid violence while engage in working for wages, as well as facilitated their enlisting in the army and navy. It is essential to note that Emancipation Proclamation was a positive law or document based on various reasons. In the development and integration of this proclamation, there was a legitimate government, under the leadership of Lincoln, which sought to take initiatives in the course of liberating a section of its people. Evidently, Lincoln, as the executive leader of the U.S., focused on using his positive law based executive powers with the intention of liberating the slaves across different states.
He stated: I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons (Chambers, 2013,