Tagged: Positivist

Positivist Legal Theory

Positivist Legal Theory

Positivist Legal Theory The question of the character of law is primarily a simple one, although it presents a diversity of argumentation to make it an academic favourite and a thought-provoking topic of debate. Positivism is the term describing the school of legal thought that follows that law is an authoritative, binding, regulatory construct. It holds at its core the idea that law is enacted as an authoritative statement of how society must behave. It rejects the concept of any connection with morality, and suggests that there is no room for subjective consideration of the law – the law is,...