Introduction to Legal Positivism (Just FYI)

Question 1

What is Legal Positivism?

Answer 1

A combination of EMPIRICISM (can only know things through observation) and RATIONALISM (what we know must include an element that is not derived from observation alone)

Question 2

Generally, what are the 5 key principles of Legal Positivists?

Answer 2

(Hart, ‘Positivism and the Separation of Law and Morals’)
1. Laws are COMMANDS of human beings

2. No necessary connection between law and morals
3. Analysis of legal concepts is worth pursuing, distinct from (but not hostile to) sociological and historical enquiries and critical evaluation
4. A legal system is a ‘closed logical system’ in which correct decisions may be deduced from predetermined legal rules BY LOGICAL MEANS alone
5. Moral judgments CANNOT BE ESTABLISHED as statements of fact can (by rational argument, evidence, or proof)