Type a new keyword(s) and press Enter to search

law

 

Positive law illustrates a distinct separation of law and morality. From a law makers standpoint there is little to no concern with moral content. This theory originates in the British Doctrine which upholds parliamentary supremacy. Positivist agree that parliament has the ability to make or unmake any law with the exclusion of anybody superseding legislation. Laws are viewed to be valid or legitimate because they are essentially made by the sovereign. The job of legalists is to evaluate the intentions of lawmakers not to make moral choices. If these practitioners were to step outside the box as citizens, it is most probable that they would have strong opinions towards creating added amendments to law. At the same time they would argue that such concerns have no place in legal analysis or legal practice. However, it is essential that the rules be applied correctly without morality of law being probed. "In studying the scope or operation of the law, positivists seek quantitative and qualitative facts- to explain how the machine works."# Positive law also stems from the social contract, where by the state renders as a contract wherein individuals surrender none of their natural rights, but rather agree for the protection of them. "Democratic elections are expressions of the will of the people and those who are successful in these elections are given the power to create laws".# Therefore through electoral systems, the majority winning parties get voted into rule as an expression of the sovereign. Simply put, all written law takes the form of being represented as absolute. It is a legitimate law on the basis of it essentially existing in written format. Positivists make an intense emphasis on law being unconnected to morality. To help understand the application of positivism, the perspectives will be applied to the issues of abortion. This has been an ongoing debate across the world for some time now and it has gone both ways for and against.


Essays Related to law