Positive Law

In the 16th and 17th centuries philosophers put forward the theory of positive law: that law was established by the head of the state and for the good of the state as a whole. Law had no inheritent moral purpose other than to insure the survival of the state, and obedience to it was no longer a matter of conscience. The law by its nature must be obeyed, and anyone who challenged it was subject to severe penalties.

 

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