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Legal Forums » Legal » Natural Law vs Legal Positivism
Started Nov 15 2012, 17:17
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Nov 15 2012, 17:17
Legal positivism is the group of legal theories which represent the view that law is comprised of the rules and operative machinery found within a state’s jurisdiction so long as it has been legitimately imposed, and in its purest and extreme sense, regardless of religious or moral content. The fact that this law is imposed, or posited, resulted in the name Positivism.
Closer to the context of this article, legal positivism can also be described as a school of thought which argues that the conditions of legal validity are purely a matter of social facts. It is neither a simple nor a single doctrine. This basis of legal positivism involves two separate claims, namely the Social Thesis and the Separate Thesis.
The social Thesis asserts that the law is a social phenomenon, and that the conditions of legal validity consist of social facts. These facts, such as an act of legislation or a judicial decision are the sources of law.
The Separation Thesis on the other hand maintains that there is a separation between law and morality i.e between what the law is and what it ought to be. This thesis concerns itself with the conditions necessary for legal validity.
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