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Could I get some help understanding the idea of legal positivism? I'm having trouble understand it and how it differs from natural law theory. Like what are the key differences? Thanks.
We Hope For Better Things; It Shall Rise From the Ashes.
Under positivist law, something is a law if it comes from a legitimate source. If the sovereign says that you are required to kill your 2nd born child at the age of 2 then that is a law and not following it is illegal. Natural law claims that there are natural, universal laws, and that grossly unjust laws that go against the natural function of law, to provide justice, aren't really laws at all, so if the sovereign says to kill your 2nd child it is not necessarily a law at all.
Thank you! up vote sent. So basically, legal positivism is the idea of obey laws that are not natural for the sake of the sovereign? Sort of like early US laws regarding black rights as citizens? Natural law states that this is grossly unjust therefore should not be the law?
As I understand it, the term "positive" means something like "affirmative." Meaning, the law must come from some sort of affirmative undertaking to create that law. If a law is legitimately created, you follow it. If you don't have a law on point, you can't use equity or fairness to create a law after the fact. You can't have a rule that is implied or otherwise not affirmatively created.
Well, first of all, it's legal...so there's that...
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