1. Critique of Legal Positivism
... positivists argue that if morals and law are connected, then the legislators (who would somehow be morally superior) determine the morality of those in society who function with those laws, and thus prevent freedom of mind and choice. However, Davies makes it clear that it just simply isn't possible ... human rights is essential for valid law, and as such this law never existed. Lon Fuller argued a similar line, rather saying that the morality of law is required in order to get people to follow the law, and because the law lacked that morality, the law couldn't be ... anti-positivist ap...
- Word Count: 1235
- Approx Pages: 5
- Grade Level: Undergraduate