Positive law provides a home and regular employment for the concept of a right.
Despite the law's hospitality, however, rights refuse to be confined within it. They insist on populating frontiers beyond the law. It is of course inevitable that some department of government will have the final say on what law will be enforced. When men disagree about moral rights, there will be no way for either side to prove its case, and some decision must stand if there is not to be anarchy. But that piece of orthodox wisdom must be the beginning and not the end of a philosophy of legislation and enforcement.