Positive Law Vs Natural Law Theory 1

Natural Law vs.
Positive Law
Posted on June 12, 2010 | 10 Comments
When the founders of America set out to form a better type of
government they had a clear historical perspective of the type of
government they did not want. They knew that monarchies and arbitrary
power were the enemies of freedom. Using this knowledge they created a
republican form of government that by design was based on natural law
rather than positive law.
So what is natural law? Natural law begins with the premise that all of our
rights come from God or nature and are inherent to our being. Positive
law, on the other hand, believes that our rights are granted by the
government, society or other men and therefore can be taken back by
them as well. Positive law is the basis for the concept of social justice
which attempts to subvert natural law and create artificial equality
through regulations or force. This goes against the very essence of human
nature. In other words, laws created by men are always secondary to
natural law which emanates from human nature itself.
With first hand understanding of the pain and injustice suffered

throughout Europe at the hands of monarchs, the founders built a
government that used natural law as its foundation. Beginning with the
Declaration of Independence the theme on which America was established
was natural law.
When in the Course of human events, it becomes necessary for one

people to dissolve the political bands which have connected them with
another, and to assume among the powers of the earth, the separate and
equal station to which the Laws of Nature and of Natures God entitle
them, a decent respect to the opinions of mankind requires that they
should declare the causes which impel them to the separation. We hold
these truths to be self-evident, that all men are created equal, that they
are endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness.That to secure these
rights, Governments are instituted among Men, deriving their just powers
from the consent of the governed, That whenever any Form of
Government becomes destructive of these ends, it is the Right of the
People to alter or to abolish it, and to institute new Government, laying its
foundation on such principles and organizing its powers in such form, as
to them shall seem most likely to effect their Safety and Happiness.
The United States of America, Declaration of Independence
With natural law as the foundation of our government, the founders
formalized their intent with the establishment of our Constitution. The
very intent of the Constitution is to uphold natural law by restraining the
government. The Constitution not only recognizes that we have natural
rights but, that we are free to exercise these rights. In fact the one of the
primary purposes of our government is to protect our natural rights. The
Constitution does not grant us rights, it was designed to prevent the
government from trampling those rights in pursuit of its own goals.
The Constitution is not an instrument for the government to restrain the

people, it is an instrument for the people to restrain the government
lest it come to dominate our lives and interests. Patrick Henry
Natural law is the antithesis of positive law which is based on theories of
majority rules, rights are granted and the governments goal is to serve
the majority. In this form of government the will of those in power is
enforced and the minority is left unprotected, their rights at risk. The
government becomes the arbitrator of right and wrong. This is where
things historically go very wrong because human nature is inherent.
Through reason we can determine the requirements of natural law. The

only time natural law curtails the rights of an individual is when that
individual has acted against others by violating their natural rights. Under
this system due process is used to evaluate and determine punishment for
such crimes. In a society based on natural law abridgement of these
morals are the only time an individual is subject to losing their own
natural rights.
However in a society based on positive and in turn, social justice, the

government may take away rights, property, liberty or freedom based on
the greater societal goals/needs.
This is what is happening today. The government is passing laws and

removing liberties all in the name of the greater good or social justice.
This is unconstitutional and a violation of our unalienable rights as
outlined in the Constitution.
Todays Progressives have tried to revert to and reinvigorate the ideals of

FDRs Second Bill of Rights which attempts to create equality and social
justice through the force of law. It goes against every principle of natural
law. Throughout history this approach has never worked. While all men are
created equal, they will not equally achieve. To infringe upon the natural
production of one by taking away from another to create equity is to
create class warfare and undermine individual freedom and liberty. This
naturally results in oppression and rebellion, ultimately destroying the
artificial society that the government created.
In their wisdom and from their experiences the founding fathers

recognized this. That is why they created a government rooted in the
principles of natural law. A government designed with a separation of
powers and a Constitution designed to protect individual rights and
freedoms while limiting the size, scope and authority of the government
over the governed.
Somewhere we took a wrong turn and the government the founders
desired to prevent has become a reality. It is time to make a U turn and
return to the safety of our Constitution before it is too late.
Wake Up America! The pace of transformation is accelerating. Your liberty

and freedom are at stake.
Restore the Republic! Reject the Agenda of the Progressive Left.

Freedom is not a gift bestowed upon us by other men, but a right that
belongs to us by the laws of God and nature. Benjamin Franklin
Governments are instituted among men, deriving their just powers from
the consent of the governed The Declaration of Independence

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Natural Law vs.

With first hand understanding of the pain and injustice suffered

When in the Course of human events, it becomes necessary for one

The Constitution is not an instrument for the government to restrain the

Through reason we can determine the requirements of natural law. The

However in a society based on positive and in turn, social justice, the

This is what is happening today. The government is passing laws and

Todays Progressives have tried to revert to and reinvigorate the ideals of

In their wisdom and from their experiences the founding fathers

Wake Up America! The pace of transformation is accelerating. Your liberty

Restore the Republic! Reject the Agenda of the Progressive Left.

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