The Transition from Natural Law to Positive Law
Abstract: Overall, there are two categories of law. Natural law is based on the commonality of humans as a whole, and positive law is based on the selfish nature of humans as a whole. Most states have their foundations with natural law, but gradually transition to positive law over time. This research strives to answer which is more influential to a state’s transition to positive law: population or diversity? The standards of natural law are more difficult to enforce as a state’s population grows and diversifies. It is my theory that as the population of a state grows, the state will begin to transition away from natural law towards laxer positive law. The independent variables for this research are the populations and diversity of the states of the U.S, U.K, Canada, Australia, and New Zealand. The dependent variable is the highest courts’ ruling on landmark cases. By analyzing this data I hope to determine if there is a causal link between population growth and the viewpoint of law held by the state. If this research is successful, then the government of the state will be able to more effectively legislate and regulate their people.
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