The Authority Of Law Essays On Law And Morality

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There are many versions or interpretations of legal positivism.

But perhaps, the most popular version or interpretation would be that of the Separation Thesis.

The fact that a policy is just, wise, efficient, or prudent is never a sufficient reason for thinking that it is actually the law; and the fact that it is unjust, unwise, inefficient or imprudent is never a sufficient reason for doubting it.

According to positivism, law is a matter of what has been posited.

Therefore, from a positivist perspective, it can be said that “legal rules or laws are valid not because they are rooted in moral or natural law, but because they are enacted by legitimate authority and are accepted by the society as such”. Christians believe that the Ten Commandments have sacred and pre-eminent value in part because they were inscribed in stone by God, and delivered to Moses on Mount Sinai.

When the ancient Greeks intended for a new law to have permanent validity, they inscribed it on stone or wood and displayed it in a public place for all to see. D.) developed an elaborate system of law that was contained in a detailed and voluminous written code.

A law, which actually exists, is a law, though we happen to dislike it, or though it vary from the text, by which we regulate our approbation and disapprobation.

Austin defined law by saying that it is the “command of the sovereign”.