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Whalling Law Group, PLLC3300 West Lakeview Blvd.
Office 221B
Phoenix, AZ 85017
Memorandum of Law
To: Kevin Whalling, Esq.
From: Grisel Y Carrillo Estrella
Date: August 04, 2023
Subject: [Natural Law vs. Legal Positivism – Arizona Defenders of Wildlife Association]
Issue
Newly built access roads are affecting native species and wildlife living within Grand Canyon National Park.
These roads were installed by the United States Government to allow access to the mineral resources
found/located in the Grand Canyon National Park, the Arizona Defenders Wildlife Association (ADWA) has
vandalized said roads and claiming that due to the construction and drilling it has negative results impacting as
well as affecting wildlife that is said to only thrive in the park.The ADWA is arguing that they have only acted
upon the responsibilities as good stewards, protecting those (in this case wildlife) which in term can not defend
themselves. The federal government in contrast is stating that vandalism is vandalism no matter which motives
(noble) are especially on national park grounds.
Facts
Defined further as eternal moral principles in which human conduct can be found as a foundation, the divine
ordinance mentioned provides moral principles, Practice of eternal law given by divine ordinance can be found
within Natural Law (Murphy, 2002). Any questions that may arise should shape human conduct and laws by the
means and the concept of unalienable rights as mentioned per the Constitution, or by the rights given by God.
Within the ruling powers job in order to protect and preserve human life, in which it falls under protecting the
natural rights given to humans. “ From the natural rights to life, liberty, and the pursuit of happiness come other
rights that are meant to preserve these rights” (Holzer, 2015). Within the understanding of the system of legal
rules, behavior of individuals and organizations within a society, rules and principles existing to protect and
preserve. In contrast, positive law will argue that laws are not needed to be abided by humans for them to be
laws, in addition legal positivism does not determine if laws or the legal system exists. The laws that are in
force in the system depends on what officials may recognize within social standards (Green and Thomas, 2019).
Laws are laws they have been created to maintain order despite any moral or ethical dislike or belief, they have
been put into place and if ignored or disregarded the government has the right to enforce provided punishment.
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