Hitler's Argument Against The Morality Of Positive Law

there is a law which passes stealing, and it goes against morality, the citizens of this will not be guilty of the act. The greatest example of positive law can be seen when Hitler was the head of country. Hitler had gone against all morality when he legalized the killing of Jews. This is known as the holocaust era in which a genocide done by Hitler when he was the governing head of Germany, This incident provides a situation in which the concept of positive law shows its flaws. As stated by John Austin, there has to be a sovereign in a country to command the nation. However, who decides on the sovereign? What if the wrong people ends up leading a country? What if a person like Hitler ends up being a leader of country whereby he allows the …show more content…
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and …show more content…
As positive law puts a lot of emphasize on the greater power of a person or the sovereign one of a country, people or the government may abuse it and take advantage because there are above the law. When morality does no play a part in the jurisdiction or in the law, that is where things may go haywire. Given for example, in the communist country such as North Korea where the sovereign one is above the law, Kim Jong Un, the leader of that country creates laws which are beneficial only to him and not to his people. By looking at their constitutions, it clearly shows that he only cares about his own benefits instead of taking care of his people’s need. There is a law in North Korea in which if a citizen of North Korea attempts to flee the country in pursuits of a better life in another country, once he is caught, he will be killed for betraying his country. If he does not get caught, his family will be put into prison as a consequences for his actions. This clearly shows that the laws in the country has definitely gone against the basic principle of human nature which is not to kill another human. Thus, the cold concept of positive law brings a harsh reality in which countries like North Korea whereby the citizens do not get to choose their leaders are governed by someone who does not have morality in