In the article, The Judge draws together, with his usual wit and pragmatic examples, the relationship between Natural Law, Human Law, and the danger that lies in the movement we have seen recently to uproot the entire system (which has led to the most prosperous and free socio-economic system on earth) and replace it with the tried, tested, and failed political philosophy of Positivism.
Judge Nap concludes at the end of the article (bolded emphasis mine):
Although we have explored at length how man-made law must be subject to the Natural Law, perhaps the best indication of the falsehood of Positivism is that, deep down, we know that the transgression of our natural rights is wrong. We do not simply disagree with it, but feel a sense of visceral outrage that one human would try to treat us as inferior and subject to his will; it is antithetical to our selfhood. Thus it is in our human nature not just to yearn for freedom, but to recognize when those yearnings are unnaturally restricted. Elsewhere, V referenced Thomas Jefferson when he stated that "people should not be afraid of their governments. Governments should be afraid of their people." It should be clear that Positivism’s scheme of law relies upon the people obeying laws because they are afraid of the government, not because those laws are in accord with the Natural Law, and therefore just.
If we are to live forever in a legal system founded on Positivism, then we can only hope that we will have laws which, coincidentally, happen to be just. But there is another way, the way of the Natural Law: Rather than be content to follow the will of the truncheon, we can choose to listen to those words which enunciate truth, and our Founders’ promise that those truths will not be denied by government.
This book is about the titanic battle between adherents of Positivism and believers in the Natural Law; stated differently, between Big Government and individuals. As we shall see, the danger that befalls individuals inevitably comes from the government. The government makes it dangerous for us to be right when it is wrong.Click here to read the full article at lewrockwell.com.
I look forward to reading his book and am going to get started on a post on the dangers of Positivism from the Catholic Perspective, which it seems the U.S. Bishops are just starting to wake up to.