Positive law can be defined as a written law passed by a branch of government, regardless of whether it offends someone's sense of right and wrong. Positivism separates law and morality (Mayer, Warner, Siedel and Lieberman). Positivists believe that any ethical theory of morality, religion, and justice should play no role in the analysis of law. Positivism has two values. First, by requiring that all laws be written, it ensures that the government clearly explains to members of society their rights and responsibilities. In a legal system driven by positivist beliefs, prosecutors would never be unfairly surprised by governments' unwritten law. The Fifth and Fourteenth Amendments include this positivist value by requiring that all persons be notified of any lawsuits pending against them so that they can prepare a defense. Second, positivism controls judicial preferences. In some cases judges are not satisfied with the outcome of a case. For example, some judges may not want to allow a landlord to evict a family with young children in the middle of winter, even though the law allows such action when rent is late. However, positivism requires that judges decide cases in accordance with the law. Positivists believe that the integrity of the law is maintained through a neutral and impartial judicial system that is not guided by subjective ideas of fairness ("Farlax's Free Dictionary"). Returning now to the case of Regina V. Dudley and Stephens, the two men would be found guilty under positive law. Written law states that killing is illegal except in self-defense. The murdered boy was not harming any of the other men. Dudley and Stephens plotted against the boy to kill him, so in and......middle of paper......it is right if it produces the greatest good for the most people. If you think an action will bring the greatest amount of happiness to the greatest number of people, then it is the right thing to do. From the perspective of utilitarianism, Dudley cared for his group. He decided that killing the boy and eating his flesh would bring the greatest happiness to his group. In my opinion I would still find the men guilty because Dudley had his best interest in mind. The most common mistake people make regarding utilitarianism is to assume that the greatest good for them or their company is actually the greatest good for everyone. Dudley thought killing the boy would be ethically right, but he actually didn't even ask the boy's opinion on who to kill. If Dudley had asked everyone on the boat their opinion, this philosophy would have come into play.