The Natural Law Theory And Logical Positivism Essay

2032 Words Nov 22nd, 2016 9 Pages
1. Generally, rights are defined as claims or entitlements, and they take positive and negative forms. A negative right is a freedom from interference with regard to some activity or pursuit. Examples of negative rights include the right of freedom of speech and the right to worship. Meanwhile, a positive right is a claim to some good or service, such as rights to education or health care. Rights are also separated into moral and legal forms. A legal right is stipulated in a civil legal code, whereas a moral right is often defined as transcending local legal codes. Legal rights include the right to an attorney or to bear arms while moral rights include the right to life or the right to autonomy.

2. The two major views on the relationship between law and morality are the natural law theory and logical positivism. The natural law theory claims that some moral laws are universally binding and serve rightfully as the foundation for many of the legal standards that we uphold in a civil society. According to this theory, natural laws exist and were established by God. We are not free to make up just any laws we desire, rather the laws we make must reflect the laws that God has built into the public sphere (overlap thesis). Logical positivism, on the other hand, claims that there is no thing as a natural law. Instead, all laws are stipulation by humans and their societies and governments. According to logical positivism, man is the measure of all things. Logical positivism makes…

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