Positive law is arbitrary power of one man over another. In actual practice, it’s a few evil men with power over the masses. Natural law is rational. Man is the rational animal. Not only is natural law rational, it’s just. Positive law is radically opposed to rationality and justice. Natural law isn’t established by any man. It’s established by reason. Contrary to that, positive law is established by man.
Natural law is discovered by man’s reason and is therefore bound to errors. This doesn’t mean the entire legal system is errors and composed of errors to be corrected. All it means is that humans will err and that can’t be eradicated completely. It’s impossible to remove errors with positive law. In fact, there will be more errors, and they will be dreadful. Natural law is universal, and applicable to all humans everywhere for eternity.
Positive law is a gross violation of natural law. The two are incompatible. It’s often said that good law is when the two overlap. This is incorrect. All this means is natural law slipped through the cracks of positive law. Natural law is a threat to the current system. We have a system of positive law where the state has arbitrary power over the masses. A system of natural law stands in the way of arbitrary power.
A complete lack of understanding, and contempt for natural law is intentional. This is from propaganda that lasts from cradle to grave. Natural law must be accepted by those who favor freedom. Likewise, that means positive law must be rejected. It was the individualist tradition which led to the explanation of natural law. It’s easy for the elite to make you own nothing with positive law, and you won’t be happy.
Natural law is required for freedom. Every man owns his own body. Positive law rests on the fact that someone else owns your body. It’s contrary to: freedom, rationality, and justice. It must be rejected outright. Its hideous and can only be disguised to be beneficial. As the saying goes: you can put lipstick on a pig, but it’s still a pig. In this case, positive law is the pig, and the lipstick is the lifelong propaganda.
Reference
Murray Rothbard; The Ethics of Liberty
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