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What is Understanding Legal Positivism Theory about?
Legal positivism is a theory in jurisprudence asserting that the existence and content of law depend on social facts rather than morality, contrasting with natural law theory. Key figures include Thomas Hobbes, Jeremy Bentham, John Austin, and Hans Kelsen, who developed the idea that law is a human creation and valid if enacted by a recognized authority. The theory distinguishes between inclusive and exclusive legal positivism, with the former allowing for moral considerations in legal validity, while the l
- Author
- erold cope
- Language
- EN