According to the University of Louisiana at Lafayette, natural law refers to those laws that derive their legitimacy from moral reasoning and are based on what is believed to serve the best interests of the common good while positive laws are those that obtain their legitimacy through legislative means and are enforced by civil or political authority. Based on a strict interpretation of natural law, any legal statute that conflicts with natural law is unjust and should not be obeyed. According to positive legal theory, the legitimacy of a law is not relevant to its morality, but rather stems from the power of the authority that enacted it.Continue Reading
Positive legal theory, or legal positivism, takes its name from the verb "to posit." The idea of positive law was developed in the 1600s and grew in opposition to the concept of natural law, which can be subject to cultural relativism and personal interpretation. The early proponents of positive law, such as Thomas Hobbes and John Austin, argued that manmade and state-enforced laws are necessary to protect the rights of the governed, resolve civil disputes and to maintain safety and order in society. According to Hobbes, this reflects a social contract between the governed and those who are entrusted with the power to both create and enforce laws.
Natural law theory condones civil disobedience based on the premise that when a law is unjust, obedience to that law is also unjust. The civil disobedience advocated by Martin Luther King Jr. and Mahatma Gandhi, however, exemplifies a nonviolent form of disobedience to law and differs from the violent disobedience that represents what is generally referred to as terrorism.Learn more about Law
The Necessary and Proper Clause refers to a section of the United States Constitution that grants Congress the authority to create and enforce laws that are deemed "necessary and proper" by the powers granted to the branches of the government by the Constitution's various provisions. The clause is found under Article 1, Section 8 of the Constitution.Full Answer >
According to the Free Dictionary, ordinance power describes the influence and laws that are enforced on a jurisdiction by authority figures and a local government. An ordinance is a law, a statue, or a regulation enacted by a municipal corporation.Full Answer >
A number of laws recently passed by the Michigan state legislature come into effect in 2016, notes MLive, such as a law passed in September of 2015 that allows Michigan drivers, when pulled over by police, to show proof of insurance on their mobile devices in lieu of paper copies. The law comes into effect on Jan. 5, 2016.Full Answer >
Some unusual state laws include Indiana's law that liquor stores may not sell cold sodas but may sell non-chilled ones, that selling margarine as butter is against the law in Iowa, and selling liquor by the glass is illegal in 26 counties in Kansas, according to Business Insider. Kentucky law requires legislators, lawyers and public officials to swear that they have not participated in a duel with deadly weapons.Full Answer >