LS101 Chapter Notes - Chapter 2: Hans Kelsen, Legal Positivism, Basic Norm
5 Dec 2017
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The te(cid:396)(cid:373) (cid:858)positi(cid:448)is(cid:373)(cid:859) de(cid:396)i(cid:448)es f(cid:396)o(cid:373) the lati(cid:374) positum which refers to the law as it is laid down or posited. Core of legal positivism is the view that the validity of any law can be traced to an objectively verifiable source. Rejects the view that law exists independently from human enactment. Found the origin of law in the command of a sovereign. H. l. a. hart looks to a rule of recognition that distinguishes law from other social rules. Hans kelsen identifies a basic norm that validates the constitution. Legal positivists also often claim that there is no necessary connection between law and morals, and the analysis of legal concepts is worth pursuing, and distinct from sociological and historical enquiries and critical evaluation. The highest common factor among legal positivists is that the law as laid down should be kept separate for the purpose of study and analysis from the law as it ought morally to be.
