Conflict With The Historical View

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The view that the law is consciously set or formulated by the supreme political superior and enforced by sanctions

or incentives or both has led to positivist school ofjurisprudence.

Perspective of Legal Positivism

The historical view that the law emanates from

example:
The modern rule that obligations cannot be

assigned unilaterally existed in the past as a simple concept that a promise is strictly a personal relation between the contracting parties.

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