In his “The Elements of Philosophy” Wallace write that “law as a measure and rule must be homogenous with what it measures with what it measure, the homogeneity of human law with the community whose acts it rules is found initially in the derivation of the first human law, the constitution, from the community of free men.” Law as a measure is like that of economic value and time. It finds its grounding in objective reality but positive as distinct from natural law is formally mind dependent as is manifest.
This gives a similar reason to the view of law as that of economic value. Considering the practical, the error tends to subjectize law as merely the ungrounded will of the state. Such a law is beyond objection and can only be defeated by a further ungrounded will of greater strength.
However, the positive law of the state is grounded in the natural law. As such, it is judged by the natural law as economic value may be judged by a thing’s actual utility. It may be said that is judged as being grounded or not. A law ungrounded in the natural law is no law at all as value grounded in no real utility is no value at all.
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