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‘Murder’ is a legal term than did not apply to Jews in Nazi Germany.
THEREFORE (according to this follow) no Jews were MURDERED by the Nazis.
Oddly, this was the SAME ARGUMENT the Nazis themselves used—that it is only the law that makes a thing wrong.
THEREFORE (according to this follow) no Jews were MURDERED by the Nazis.
Oddly, this was the SAME ARGUMENT the Nazis themselves used—that it is only the law that makes a thing wrong.
This doctrine, which is called Legal Positivism, immediately leads to the conclusion that “Any person or group of persons from whom the protection of the law is removed, cease to be persons, and therefore cannot be murdered, or suffer injustice.”
Contrast another theory:
Contrast another theory:
Directly opposed to Legal Positivism is the concept of Natural Rights (and Natural Law more general). Natural Rights are things that ALL human beings have BY NATURE and as such, they CANNOT BE taken away by human law.
Justice is above mere law and the measure of it.
Justice is above mere law and the measure of it.
If Justice is not above the Law and the measure of the Law, then there can never be, by definition, an Unjust Law.
All Laws are Just, necessarily.
But this is false, and obviously so.
All Laws are Just, necessarily.
But this is false, and obviously so.
Legal Positivism is also a formula not simply for injustice by for systematic tyranny. All those in power have to do is pass laws that say they will always be in power, and that immediately becomes Just, Right, and Good, since it is the Law.
For example, the Nazis banned every other political party besides the NSDAP. Or if you imagine “Godwin’s Law” is a real thing (it’s not), China bans all political parties but the Communist Party.
