Perspectives of Positivist Judges
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The paper discusses how legal positivism is a strategy that takes into account the creation of law from moral constraints, while natural law theory emphasizes the idea that there are universal truths that govern the application and the use of law. The paper explores the components of these concepts and addresses the criteria of legal positivism and its functions apart from natural law. In doing so, this paper shows how legal positivism affects the decisions made by judges in the process of legal reasoning. As not all judicial figures ascribe to the theories of legal positivism, this paper explores the origins of the theory, its evolution within the court, and its modern use by judges who consider themselves to be legal positivists.
From the Paper:"The use of natural scientific law within the legal process is often referred to as legal positivism, wherein the use of a morals-oriented form of natural law is applied as a means of verifying the validity of specific concepts. When legal positivism is used as a benchmark, concepts and functional premises are weighed against this benchmark and decisions are made accordingly. Legal positivism and natural law theory are remarkably similar in terms of theoretical basis and application, but have a final determinant that..."
Cite this Analytical Essay:
Perspectives of Positivist Judges (2006, December 01) Retrieved October 16, 2019, from https://www.academon.com/analytical-essay/perspectives-of-positivist-judges-130066/
"Perspectives of Positivist Judges" 01 December 2006. Web. 16 October. 2019. <https://www.academon.com/analytical-essay/perspectives-of-positivist-judges-130066/>