The doctrine of legal positivism may seem to us to be an irrelevant, abstruse philosophical exercise confined to the ivory towers of academia. The reality, however, is that it makes a huge impact on our lives. Even its proponents cant quite agree on what legal positivism means. The common phrase that recurs throughout most definitions is that law is a social construct, hence manmade—something to be invented rather than discovered, unlike the natural law philosophy of Americas founders, who sought to align legislation with the laws of nature and natures God. To the legal positivist, there are no immutable principles, no moral absolutes. All is relative, and human legislation and regulation are more a matter of convenience or expedience or personal preference than attempts to codify permanent standards of right and wrong. The proponents of the term Legal Positivism cant quite agree on what exactly legal positivism means. The common phrase that recurs throughout most definitions is that law is a social construct, hence manmade—something to be invented rather than discovered, unlike the natural law philosophy of Americas founders, who sought to align legislation with the laws of nature and natures God.
Posted on: Thu, 06 Mar 2014 00:38:53 +0000
Trending Topics
Recently Viewed Topics
© 2015