If a person wants to work sixty plus hours a.

             week then they should have that right. He goes on to say "some of these.

             laws embody convictions or prejudices which judges are likely to.

             share.but a Constitution is not intended to embody a particular economic.

             theory." (Lochner, 210) The Constitutions was meant to keep the states.

             safe, but instead it is being overturn by judge's opinions.

             .

             The Internet Encyclopedia of Philosophy defines a positivist as a.

             person who "emphasizes the conventional nature of law-that it is socially.

             constructed.is synonymous with positive norms, that is, norms made by the.

             legislator or considered as common law or case law.[and] does not base.

             law on divine commandments, reason, or human rights." (IEP) Positivists.

             believe that morality should not be the deciding factor in law. It should.

             instead be based off of decisions previously made. These decisions have.

             become the norms of society and should be followed. In Holmes' The Path of.

             the Law he shows his similarities with positivist.

             .

             In "The Path of the Law", Holmes discusses the faults that are in the.

             legal system. One fault is the confusion between morality and law. He.

             argues that "nothing but confusion of thought can result from assuming that.

             the rights of man in a moral sense are equal rights in the sense of the.

             Constitution and the law." (Holmes, 3) Holmes believes that the terminology.

             derived from morality and also the wrong viewpoint is what causes the.

             confusion. He discusses cases that were over turned because the words mean.

             "something different in law from what it means in morals. [and have been].

             obscured by giving to principles which have little or nothing to do with.

             each other the same name." (Holmes, 6) These cases would have been.

             rightfully decided if moral terminology was not involved. He then looks at.

             law from the perspective of a "bad man" versus "good man". It is understood.

             that "a bad man has as much reason as a good one for wishing to avoid an.