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2 ideas
| 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'. |
| 7587 | The issue of abortion seems insoluble, because there is nothing with which to compare it [Scruton] |
| Full Idea: The issue of abortion is intractable, partly because of the absence of any other case to which it can be assimilated. | |
| From: Roger Scruton (A Dictionary of Political Thought [1982], 'abortion') | |
| A reaction: This is the legalistic approach to the problem, which always looks for precedents and comparisons. All problems must hav solutions, though (mustn't they?). The problem, though, is not the value of the foetus, but the unique form of 'ownership'. |