The difference between Natural Law and Positive Law in general is why an individual commits a crime. In the case of United States v. Amistad victory is achieved for Cinqué and the others is due to evaluation of motives. When the Amistad case is viewed in regards to Positive Law, one can assume that Cinqué and the other slaves would have been punished because their motive would have been murder driven by competition, and evil. If the conflict was evaluated in regards to Natural Law, one could assume that the punishment would have been awarded to the Spaniards, as Cinqué’s violent actions would have been based on his motives to regain his
The difference between Natural Law and Positive Law in general is why an individual commits a crime. In the case of United States v. Amistad victory is achieved for Cinqué and the others is due to evaluation of motives. When the Amistad case is viewed in regards to Positive Law, one can assume that Cinqué and the other slaves would have been punished because their motive would have been murder driven by competition, and evil. If the conflict was evaluated in regards to Natural Law, one could assume that the punishment would have been awarded to the Spaniards, as Cinqué’s violent actions would have been based on his motives to regain his