From Pro Libertate:

In his valuable new book A Nation of Sheep, retired federal Judge Andrew Napolitano describes how our society – both the Regime ruling us and far too many of the ruled – has succumbed to positivism, a legal perspective in which “the law is whatever those in power say it is…. Under positivism, whoever or whatever controls the government, whether a majority or a minority, always rules and always gets its way.”…

As Napolitano explains, positivism “is perhaps the most primitive legal theory, having evolved only slightly from the sort of justification that could be offered for following the demands of a tribal chieftain or general-turned-dictator. The theory promotes fear rather than respect…. The problem today in America, the greatest and gravest threat to personal freedom in this country, is that the positivists are carrying the day.”

November 26th, 2007