The Paradox of Legal Positivism: Should Laws Be Applied Independently of Society or Shaped by Social Values?
The Paradox of Legal Positivism: Should Laws Be Applied Independently of Society or Shaped by Social Values? The nature and application of law have long been subjects of debate among legal scholars and philosophers. One of the central discussions revolves around the contrast between legal positivism and natural law. Legal positivism argues that legal rules exist and should be applied independently of moral or social values, whereas natural law theory insists that law must align with ethical and societal principles. This leads to a fundamental paradox: If law is a system designed to regulate society, can it truly be independent of it? Or must it reflect social values to ensure justice and functionality? Legal Positivism: The Independence of Law One of the key proponents of legal positivism, John Austin, defined law as the command of a sovereign. According to him, laws are valid solely because they are enacted by a legitimate authority, regardless of their moral content. Hans Kelse...