After having read Chapter 1, recall the idea that law is the "moral minimum" in a democratic...

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After having read Chapter 1, recall the idea that law is the "moral minimum" in a democratic society. Why is the law considered a moral minimum? Is this definition dependent on whether we are looking at the law from the perspective of legal positivism or from that of natural law? Explain in a way that demonstrates your understanding of the difference between these different perspectives. If you had to pick one perspective or the other, which do you prefer? Why?
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Robert · Accepted Answer

Discussion: 
It is true that law can be considered as the moral minimum. This is due to the fact, that law will not curb 
each and every wrong thing that happen in the society in general. However it will curb the worst kind of 
wrongs, which can be considered as of morally minimum standards. Some of the examples of the criminal 
law as well some of the examples of the torts can be considered as wrong things curbed by the law in 
general. Hence the ethical and acceptable moral behavior can be different from what actually the law 
speaks of. For example the case of a person refusing to accept a phone call from a friend who is 
knowingly in trouble may be immoral but it is never illegal.

After having read Chapter 1, recall the idea that law is the "moral minimum" in a democratic society. Why is the law considered a moral minimum? Is this definition dependent on whether we are looking...

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