Word: souter
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Dates: during 1990-1999
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...Souter uses this, too, to show that Holmes'theory is internally consistent. Holmes believes,Souter deduces, that the law must conform to thewants of the strongest in society in order tosucceed. Since in the real world these lucky turnof events for the strongest will not necessarilybe seen by all as favoring everyone's interests,Souter says, morality and legality again need haveno connection in Holmes' view...
...second chapter, Souter turns thespotlight on critics of positivism, and assessesthe natural law doctrine to which they adhere. Byexamining the theory's prominent writings, Souterconcludes that these theorists unknowingly agreewith Holmes on the four basic characteristics oflaw...
...Souter does criticize several natural lawtheorists. For instance, he contends that oneinterpretation of a natural law of morality--adefinition which says that a moral law is one"which advances man's true nature"--is too vague...
...natural law writer already quoted admitsas much when he says that he will 'have to rest onthe assertion of a belief which he realizes mayseem naive," Souter wrote, defending hisskepticism...
...Souter is critical of a few theorists,he says he recognizes that some other natural lawtheories do hold. Specifically, he says the theorythat a moral law is one for which a "numericalmajority" of the population feels "advances man'strue nature" is internally consistent and at leastproviding some testability...