Course:Law3020/2014WT1/Group R/Positivism

Positive Law as Reaction to Natural Law Theory

Legal Positivism is a reaction to the Natural Law Theory, as discussed by Thomas Aquinas. Positivists argue that

Austin: Law as Command - God's law, Positive Morality, Positive Law -> (1) command, (2) issued by superiors, (3) backed by sanctions -> include discussion of our case

Modern Legal Positivism - Hart's rule of recognition -> expanding on the idea of radicalism of positivist theory -> what needs to be changed within the law? -> critique