LEGAL 250 Lecture Notes - Lecture 2: Legal Positivism, Positive Law
27 Sep 2018
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Positive law theory or legal positivism: law is that which is set forth and identified as law in a given society. Law is analytically and conceptually distinct from morality. Natural law theory: law is the set of rules that derive from transcendent principles of goodness. Law is always derived from some supra-human source, like god"s will or morality. There are standards against which a rule we are examining must be consulted before that rule can properly be called a law . Natural law is unchanging over time and does not differ in different societies. Every person has access to the standards of natural law by use of reason. Only human laws in accordance with the natural law deserve to be called law . Made by a lawmaker who has not exceeded his or her authority. One whose burdens are imposed fairly on citizens.
