Professional Documents
Culture Documents
Conflict With The Historical View
Conflict With The Historical View
supreme political superior and enforced by sanctions or incentives or both has led to positivist school ofjurisprudence.
PositivistSchool
custom customary modes of decisions
PerspectiveofLegalPositivism
The historical view that the law emanates from the life and
Historicalview
Legal Rule-cannot exist before the happening or occurence of the fact it purports to cover and govern.
Positivistsview
Legal Rule-is created consciously after the occurence of the
Maybeeliminatedby:
simply tracing back the legal rule back to its simple beginnings
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.
theend