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7592 | For positivists law is a matter of form, for naturalists it is a matter of content [Scruton] |
Full Idea: For the positivist, law is law by virtue of its form; for the naturalist, by virtue of its content. | |
From: Roger Scruton (A Dictionary of Political Thought [1982], 'law') | |
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'. |