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The Essence of Libety



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Liberty knows no compromise


A Universal Ethic for All Mankind: A Detailed Review and Synopsis of The Ethics of Liberty

by Murray N. Rothbard

Chapter 3: Natural Law versus Positive Law

Compiled and Edited

by

Dr. Jimmy T. (Gunny) LaBaume

Natural law provides an objective set of ethical norms by which human actions may be judged at any time or place. It holds the status quo up to the cold hard light of reason. It includes norms that are often radically critical of the existing positive law of the State.

There are only three possible ways for establishing positive law (the legal principles) of any society—(1) by conformity to tradition or custom; (2) by obeying the arbitrary whim and will of the State's rulers; or (3) by using reason to discover the natural law. The last century has seen widespread ignorance of (and scorn for) natural law. As a result, our legal structures have been limited to (1) or (2) or some combination of these.

Lord Acton, the great Catholic libertarian historian, saw clearly that any set of objective moral principles rooted in the nature of man would inevitably conflict with custom and positive law. The very idea of natural law is “radical” and critical of existing political institutions.

Natural-law theorists derive a fixed structure of law from the very nature of man. This law is independent of time, place, habit, authority or group norms. This is what makes it a mighty force for radical change. Armed with the moral principles provided by natural law, a person is in a solid position to criticize existing regimes and institutions.

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