Legal positivism vs. natural law
Legal positivism is the theory of law “that holds that the norms that are legally valid in any society are those that emanate from certain recognized sources (such as legislatures or courts) without regard for their merits, i.e., without regard for whether the norms are fair or just or efficient or sensible.” FN
Natural law is a theory of law that holds that society's legal norms emanate from Nature, and that these norms are equal among natural persons, are objective and are naturally provable or verifiable, as with a natural science.
By beautiful design, America's republican form of government, which is promised in the U.S. constitution, features both legal positivism and natural law. These theories of law operate over separate judicial jurisdictions, respectively equity and law. Equity is the jurisdiction over artificial persons. Law is the jurisdiction over natural persons.
The legal positivism of legislatures is sovereign over commerce, which is subject to regulation under the equity jurisdiction. Natural law is sovereign over the criminal law jurisdiction, whose rightful authority is verifiable by proof of an injured party.
This means that America's 51 republican governments (50 states plus Congress legislating as a republic) have power only 1) to regulate commerce and 2) to adjudicate injury. Individuals are sovereign – and have reserved their natural rights – over everything else. This separation of sovereignty is embodied in American constitutions and statutes.
Thus, legislatures' legal positivism over commerce [regulation] does not conflict with Nature's prohibition of crime, as objectively defined by verifiable injury. Legislatures may set legally valid norms over artificial persons operating in commerce “without regard for whether the norms are fair or just or efficient or sensible.” However, legislatures do not set the norms for the criminal law jurisdiction, but merely codify crimes which are facts of Nature.
The legal positivism of stupid legislatures is held in check on behalf of individuals by keeping separate the legislatures' sovereignty over artificial persons and commerce from the sovereignty of Nature over natural persons and their injuries. This is accomplished by keeping the jurisdictions of and sovereigns over equity and law separate.
The war on drugs is an example where – due to horrible lawyering – the distinctions between law and equity have been forgotten, and where legal positivism has illegally invaded the rightful jurisdiction of Nature, thereby violating the republican form of government.
Natural law is a theory of law that holds that society's legal norms emanate from Nature, and that these norms are equal among natural persons, are objective and are naturally provable or verifiable, as with a natural science.
By beautiful design, America's republican form of government, which is promised in the U.S. constitution, features both legal positivism and natural law. These theories of law operate over separate judicial jurisdictions, respectively equity and law. Equity is the jurisdiction over artificial persons. Law is the jurisdiction over natural persons.
The legal positivism of legislatures is sovereign over commerce, which is subject to regulation under the equity jurisdiction. Natural law is sovereign over the criminal law jurisdiction, whose rightful authority is verifiable by proof of an injured party.
This means that America's 51 republican governments (50 states plus Congress legislating as a republic) have power only 1) to regulate commerce and 2) to adjudicate injury. Individuals are sovereign – and have reserved their natural rights – over everything else. This separation of sovereignty is embodied in American constitutions and statutes.
Thus, legislatures' legal positivism over commerce [regulation] does not conflict with Nature's prohibition of crime, as objectively defined by verifiable injury. Legislatures may set legally valid norms over artificial persons operating in commerce “without regard for whether the norms are fair or just or efficient or sensible.” However, legislatures do not set the norms for the criminal law jurisdiction, but merely codify crimes which are facts of Nature.
The legal positivism of stupid legislatures is held in check on behalf of individuals by keeping separate the legislatures' sovereignty over artificial persons and commerce from the sovereignty of Nature over natural persons and their injuries. This is accomplished by keeping the jurisdictions of and sovereigns over equity and law separate.
The war on drugs is an example where – due to horrible lawyering – the distinctions between law and equity have been forgotten, and where legal positivism has illegally invaded the rightful jurisdiction of Nature, thereby violating the republican form of government.