Reply To: Lessons learned from the Luke Heimlich saga

#41698

a man without a country

A comment I added to my own blog (re: above) about LEGAL POSITIVISM…

from Quora: “Legal positivism is a philosophy of law proposing that a law is valid simply by virtue of the fact that it has been approved by a legally constituted authority. In other words, whether some might argue that the law is unfair or unjust based upon moral or ethical arguments is not material to the consideration of its inherent validity. The fact that it has been promulgated by the sovereign authority is sufficient in itself to confirm its validity. According to the positivists then, a repressive law is still a law independent of whether it is “right”, “fair” or “desirable” by the subject people. It is the product of a logical and entirely rational, fact-based process occurring in a moral vacuum.”

“… the product of a logical and entirely rational, fact-based process occurring in a moral vacuum.” Well, yes, I definitely see a moral vacuum, but as for the ‘rational, fact-based process’ PASS ME THE AIRLINE BARF BAG! (I don’t remember, but I think the Quora poster I stole this from was a retired lawyer.