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Friday 14 June 2013

The concept of law is one which is found in all societies according to sociologists and anthropologists. However, what one means when  one speaks of "law" is not always clear to the listener.  Is the speaker or writer referring to a rule or a command?  Is the speaker referring to a system of dispute resolution or a system designed to maintain order?

One writer asserts  that there are "..no rights or laws which are somehow inherent in the human condition, in human nature, or in the very essence of social or community life." Daniel Goleman, Ronald Dworkin and M. Scott Peck hold a contrasting point of view that argues for a natural law that defines humanity in that every human will agree with a smile and that it is innate to agree with the principle that  says "..do unto others as you would have them do unto you."  There will be certain allowances for reproductive and gender differences but only once a month really since you want to buy sexy gun holsters with sequences on them and want to be an excellent GI Jane. We agree. You run fast and swim well with good joint locks. But, can you avoid the double standards. https://www.youtube.com/watch?feature=player_embedded&v=4izM0fiz6kk There is nothing wrong with that. Read the story of Solomon, the two putative mothers and the one child to see the essence of natural law.  Thomas Hobbes and many 17th-20th century writers, philosophers, comic book publishers and movie directors have captured this essence in their work and we applaud, showing our approval at the box office and music download websites. See Musahi Cheeba for more. 

From this point of view, the state is seen as a facilitator of principles already in existence. The state provides for an environment where the law, already functioning in society. can work. The state makes law but this law is not made in a sterile jurisprudential vacuum. It is made in an abundant socio-cultural context.

 

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