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Full Idea
For the positivist, law is law by virtue of its form; for the naturalist, by virtue of its content.
Clarification
'Naturalists' believe in natural law
Gist of Idea
For positivists law is a matter of form, for naturalists it is a matter of content
Source
Roger Scruton (A Dictionary of Political Thought [1982], 'law')
Book Ref
Scruton,Roger: 'A Dictionary of Political Thought' [Pan 1983], p.259
A Reaction
Clearly a perverse and 'unnatural' social rule (backed by government and implied force) is a 'law' in some sense of the word. It is hard to see how you could gain social consensus for a law if it didn't appear in some way to be 'natural justice'.
| 7587 | The issue of abortion seems insoluble, because there is nothing with which to compare it [Scruton] |
| 7588 | Allegiance is fundamental to the conservative view of society [Scruton] |
| 7589 | Altruism is either emotional (where your interests are mine) or moral (where they are reasons for me) [Scruton] |
| 7590 | Consequentialism emphasises value rather than obligation in morality [Scruton] |
| 7592 | For positivists law is a matter of form, for naturalists it is a matter of content [Scruton] |
| 7593 | Liberals focus on universal human freedom, natural rights, and tolerance [Scruton, by PG] |
| 7594 | Democrats are committed to a belief and to its opposite, if the majority prefer the latter [Scruton] |
| 7595 | The idea of a right seems fairly basic; justice may be the disposition to accord rights to people [Scruton] |