1. Critique of Legal Positivism
... never existed. Would a judge who sympathises with the defendant excuse them on the basis that the law should not apply to those circumstances within a natural law society? This appears to be a very dangerous proposal. Davies admits that "many purported anti-positivist approaches are potentially more dangerous". She proposes that a reconception of law building on positivist belief may be the way forward - although in itself would probably ... not be positivist. She writes that "the truth of the system becomes self-fulfilling". By claiming to be authoritative, objective and independent .....
- Word Count: 1235
- Approx Pages: 5
- Grade Level: Undergraduate