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The severity of the threatened sanction is irrelevant; any basic sovereign crucial supported by a risk of even the smallest hurt is a legislation. Legal positivism is a philosophy of legislation that emphasizes the traditional nature of law—that it is socially constructed. According to legal positivism, law is synonymous with constructive norms, that is, norms made by the legislator or considered as frequent legislation or case regulation. Formal standards of regulation’s origin, legislation enforcement and authorized effectiveness are all adequate for social norms to be considered legislation.
For, as Hart factors out, a purely coercive command can oblige, however never obligate, a person to comply (see Section I, supra). At first glance, exclusive positivism may seem difficult to reconcile with what look like ethical criteria of authorized validity in legal systems like that of the United States. For example, the Fourth Amendment supplies that “[t]he proper … Read More
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