Legal Positivism in the American Political System Essay by Master Researcher

Legal Positivism in the American Political System
A look at how legal positivism appears to be the most dominant form of legal theory in the American political system.
# 90674 | 675 words | 5 sources | 2006 | US
Published on Dec 01, 2006 in Political Science (U.S.) , Law (General)


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Description:

Legal positivism contends that laws are formulated based on the social system of the time and the sources that the social system gives authority to form legal decisions. These sources may be in the form of a constitution, amendments, judicial decisions or state legislation, for example. The belief that legal decisions are based on justice is not the foundation of law in positivism; yet, it is based on what has previously been determined, or posited in the social order. This paper discusses the American political system and contends that the court system of the United States consistently determines law in relation to the American political system based on previous judicial decisions that form the basis of the decisions of the justices.

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