Good Law Vs Positive Law

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What is the law and why it is important for us? Law is a body of rules and regulations that are created by the jurisdiction to govern the social community. In the past, laws are often made by some powerful authoritarian people to rule their country and people. In today, such as Canada, laws are administrated by government officers, and it maintain a fair and peaceful environment for everyone. The main purpose of the law is to reduce the criminal rates and provide welfare for the citizens. Famous philosophers such as Thomas Aquinas introduced the basic idea of the law, he stated that laws can also be divided into different categories and they are derived from the natural law. There are four legal ideas that are very important in modern criminology, …show more content…
Positive laws are derived from the natural law, “Positive law is, in a certain sense, nothing more than an adaptation of natural law to time and place” (Maris & Jacob, 2011, p. 84). Even though it is based on the natural law, positive law on the contrary, is distinct from natural law, they are men-made, written and passed through the generations. In addition, natural law stated that a murderer violated and interrupted the human life cycle, however, positive laws are mainly created to solve the unjust decisions for the society. Such as arranging a fair trial and a death sentence for a murderer is one of the most important percept of positive law. Some experts often debate that whether the positive law is necessary for our environment, since men-made laws are draw neither from the natural or God. As Groarke (2013, p. 43) mentioned that positive laws are crucial because the natural law is too vague to be used on human behaviours. Such as limiting the speed of automobiles in the highway reduced significant amounts of accidents. Given these points, positive laws are created by men, and it is crucial for every citizens to obey the …show more content…
Famous philosophers such as Thomas Hobbes and John Locke stated that social contract theory involved three majors key concepts, which are the human nature and the state of nature and the sovereignty. The two social contract theorists claim different point of view about the three concepts, for example, John Locke believes that humans are rational, while on the other hand, Hobbes believes that humans are selfish but reasonable, as he said,“humans are necessarily and exclusively self-interested” (Friend, n. d). Secondly, when it come to state of nature, Thomas Hobbes judges that as human beings are evil, violent and self-interested, that eventually become a stage of wars. In other words, the lack of absolute monarch in a country will lead to slaughtering each other. John Locke, on the other hand, strongly disagree with the fact that humans are vicious, as he said, “the natural condition of mankind, is a state of perfect and complete liberty to conduct one 's life as one best sees fit, free from the interference of others” (Friend, n. d). Lastly, for the sovereignty, Hobbes support the absolutism that the king has the absolute power to rule the kingdom. In contrary, Locke believes that the power of government come from the people and they have the right to make a democratic elections. In today, John Locke’s ideas have influenced many liberty leaders in the

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