Presentation on theme: "Legal Positivism Austin, Kelsen, Hart. Legal Positivism Per genus et differentium What is law All law is traceable to a (single) source Legal Validity."— Presentation transcript:
Legal Positivism Per genus et differentium What is law All law is traceable to a (single) source Legal Validity = the pedigree of the item (command, norm, rule) seeking status as law, or valid as law Separation of the “Is” from the “Ought” Logical, analytical, conceptual- apart from what happens in the world, apart from enforcement
John Austin General commands from the sovereign backed by force/sanctions or the threat of force (for non compliance) Commands General Sovereign Force or Sanctions The highwayman writ large Obliged What is the law, is quite different from what it ought to be.
Hans Kelsen Pure Theory of Law Separation of Is from Ought Norms – ought statements (an act of will authorized by another pre-existing norm) Grundnorm (presupposed) (validity and unity) Logical Stenciling If X, then Y ought to do Z Delict Directed at Officials To impose some evil, some sanction