Question
The positivist school postulates that
Solution
Legal Positivism is a jurisprudential approach to interpreting law in positive terms. It seeks to separate law from its ethical and modern concerns and focuses more on its structure and origin. Some of the main influential thinkers of this school were John Austin, Jeremy Bentham and Thomas Hobbes. Legal Positivism has these basic tenets: · Law is a command by a human sovereign. · Law is separate from morality and has no identifiable ethical concerns. · Law should be studied positively i.e. “What is law?” and not normatively i.e. “What should law be?” · Study of Legal concepts is separate from historical or sociological analysis. · Legal system is self sufficient, to make decisions, it does not need to have social concerns. · Precedence of facts over moral judgements.
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