2 ms·
Indeed. The title, taken at face value, is misleading. This is in part because English doesn’t distinguish between the various kinds of law, save as modifiers o
by lo_zamoyski 1y ago
Indeed. The title, taken at face value, is misleading. This is in part because English doesn’t distinguish between the various kinds of law, save as modifiers of the word “law”.
The prototype for all social organization is the family, as the family is the origin of all human beings and the context in which human beings are raised. The parents, especially the father, is the prototype for the ruler or lawgiver or king. The family is the primordial society that serves as the basic pattern for everything else. When there is disdorder in the family, there is disorder in society in general.
But contrary to tyrannical legal positivism, which posits that all it takes for a law to be a law is that is is “willed into existence”, the classical legal tradition makes a distinction between lex and ius, and ius itself is divided into the ius gentium and ius naturale. The last, the natural law, is morality, so the remainder of the law is a matter of determination of broad moral principles to concrete circumstances. The “law” in this article is therefore “lex.