Reply To: Natural law VS Positive law

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Josh W # Posted on October 31, 2013 at 8:26 am

@blue-nebula, great stuff….as an American (for myself anyway) its easy to assume the current system of law (which seems to be headed more towards an emphasis on positive law) is the only viable option, since we have little to no variety in our history. While I don’t ever hope for bloodshed, we do seem to be due for a revolution of our own.
As for separation of power…The U.S. has all systems in place for true separation of power, however, I believe we’ve abandoned the original motivation and our branches of government have become manipulators of the system with the sole intention of furthering the state. The first example that comes to mind was our attempted involvement in the Syria crisis. While congress is the only branch of government able to declare war, our president made it quite clear that overstepping his authority was as easy as arguing the semantics of the phrase “going to war”.
“…”the formal sources of Law” (the context in which Law is created) are influencing the nature of the Law itself. ” <This is right on and since "god is dead" I agree that its high time that we found a new motivation for new law…but as you said…how do we do that?.