1. Critique of Legal Positivism
... POSITIVISM In a critique of legal positivism, the main argument (for or against) is the positivist doctrine of separation between law and morality, whereas the naturalist believes the law can only be looked at from a moral standpoint. This is the defining point between a positivist and a natural law theorist. A positivist (no matter which "strand" of positivist) argues that law and morality should in no way be connected. There ... is considered by that time to be "bad" law, then they can do so - i.e. through retrospective law. An extremist government enforcing their extremist laws shoul...
- Word Count: 1235
- Approx Pages: 5
- Grade Level: Undergraduate