Legal positivists[edit] Main article: Legal positivism Positivism simply means that law is something that is posited: laws are validly made in accordance with socially accepted rules. The positivist view on law can be seen to cover two broad principles: Firstly, that laws may seek to enforce justice, morality, or any other normative end, but their success or failure in doing so does not determine their validity. Provided a law is properly formed, in accordance with the rules recognized in the society concerned, it is a valid law, regardless of whether it is just by some other standard. Secondly, that law is nothing more than a set of rules to provide order and governance of society. No legal positivist, however, argues that it follows that the law is therefore to be obeyed, no matter what. This is seen as a separate question entirely. What the law is (lex lata) - is determined by historical social practice (resulting in rules) What the law ought to be (lex ferenda) - is determined by moral considerations.
Posted on: Sun, 16 Nov 2014 16:30:43 +0000
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