UNIDAD EDUCATIVA SAN

PIO X
Positivism
Legal positivism is a philosophy of law that emphasizes the conventional nature of law-that it is socially
constructed. According to legal positivism, law is synonymous with positive norms, that is, norms made
by the legislator or considered as common law or case law. Formal criteria of law's origin, law enforcement
and legal effectiveness are all sufficient for social norms to be considered law. Legal positivism does not
base law on divine commandments, reason, or human rights. As an historical matter, positivism arose in
opposition to classical natural law theory, according to which there are necessary moral constraints on the
content of law.
lusnaturalismo
Natural law has been the legal theory that has dominated legal thought from the classical world to being -
in many orders - at the end of the 19th century, replaced by the doctrine of legal positivism, its great
opponent. Either way though displaced by the positive system, the natural law model, his conceptions of
Law Natural and the importance of morality in the concept of Law, always remained present in legal
discussions, often presenting itself as a critical counterpoint to the doctrine positivist and as an object of
the Philosophy of Law.
In addition, today, it is evident the crisis that the positivist system has been suffering - mainly after the
second half of the 20th century - with the appearance of material constitutional systems and doctrines on
fundamental rights that question its compatibility with a positivist conception of right, several of the
natural law conception ideas denied by positivism are seen now recovered by the doctrine of fundamental
rights and by the new movement legal termed neo-constitutionalism. Among them, we must highlight the
relationship between law and morality, that relating to the sources of law and the on sequent relationship
between law and politics.