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    Positivism in Legal Philosophy

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    Karmaranth
    A report in legal philosophy with regard to legal positivism which will help students to understand further the concept

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    Positivism in Legal Philosophy

    Uploaded by

    Karmaranth
    340 views17 pages
    A report in legal philosophy with regard to legal positivism which will help students to understand further the concept

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    © © All Rights Reserved

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    PPTX, PDF, TXT or read online from Scribd

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    A report in legal philosophy with regard to legal positivism which will help students to understand further the concept

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    340 views17 pages

    Positivism in Legal Philosophy

    Uploaded by

    Karmaranth
    A report in legal philosophy with regard to legal positivism which will help students to understand further the concept

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 17

    Positivism

    Aquino. Arciaga. Calub. Diaz. Patricio

    1) Introduction
    2) Comparison with Naturalism
    3) History

    Outline

    4) 5 philosophers
    5) Legal Positivism
    6) Legal Positivism: Filipino
    Context
    7) Conclusion

    Positivism
    Founded by Auguste Comte (18th Century)

    Empirical and Objective

    Reality through science

    5 main principles
    1) Logic of Inquiry
    2) goal of inquiry: explain and predict
    3) Research: Empirical
    4) Science is not common sense
    5) Science = judged by logic

    Types of positivism
    1) Logical Positivism
    2) Sociological Positivism
    3) Polish Positivism
    4) Legal Positivism

    Naturalism vs Positivism
    Naturalism

    Positivism

    Sees a connection between law


    and morality

    Does not make such a


    distinction

    Human law is an attempt to


    express a universal moral law,
    decreed by God and discernible
    via human reason

    Human law is essentially a


    social institution, the
    existence and content of which
    is, fundamentally, a matter not
    of Gods law but of human will
    and power

    History
    Antecedents in ancient political philosophy and is
    introduced in medieval legal and Political thought
    Legal Positivism: Jeremy Bentham and John Austin
    Influences: Hans Kelen, H. L. A Hart, and Joseph Raz
    Philosophy of Law and Social Theory

    John Austin

    His logical ideas gave an account on a concept of law


    which is What Law is
    The basic points of John Austins positivism:

    1. Laws are commands issued by the sovereign


    2. The commands are enforced through sanctions and
    Penalties
    3. The Sovereign is the one who is obeyed by the majority

    Joseph Raz
    Legal Positivism: to condemn a formalistic doctrine
    according to which law is always clear and, however
    pointless or wrong, is to be rigorously applied by officials
    and obeyed by subjects

    George Berkeley (16851753)


    - Contiguity
    - Empirical theory of vision
    - Correlation of ideas of sound and touch

    Jeremy Bentham (1748 1832)


    Utilitarianism
    Distinction of law and morality
    Positivism: Man should focus on what is identifiable

    Bentham and Legal


    Positivism
    Bentham developed the earlier form of legal positivism
    Law is a command expressing the will of the sovereign

    David Hume
    experience is the basis of our knowledge of facts about
    the world
    matters of fact
    "the science of man is the only solid foundation for the
    other sciences"

    Legal Positivism
    Philosophy of law which posits that laws are social
    constructed
    laws are not based on divine commandments, reason, or
    human rights
    laws that are enforced in a certain system are dependent
    upon the social standards its officials deem authoritative.

    Main Tenets of Legal


    Positivism
    pedigree thesis
    separability thesis
    the discretion thesis

    Legal Positivism: Philippine


    Context
    Command Theory of Law
    Ignorance of the Law excuses no one from compliance
    therewith
    Civil Obligation

    Conclusion
    Legal Positivism - treats laws by the way they have been created by the legislators
    rather than their aspects on humanity, justice, reason or even divine commandments.
    Legal Positivism is the complete reciprocal of the idea on Natural Law theory
    Legal Positivism taught us that every person is bound to follow the laws of the land
    and to know that in any case of disobedience there must be a corresponding penalty.
    Lastly, the Philippine Laws have legal positivism character on it that is embodied in
    most of our laws which are enacted by our legislature.

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