Accommodating cultural diversity applied legal philosophy

It says that they do not determine whether laws or legal systems .Whether a society has a legal system depends on the presence of certain structures of governance, not on the extent to which it satisfies ideals of justice, democracy, or the rule of law.Among the philosophically literate another, more intelligible, misunderstanding may interfere.Legal positivism is here sometimes associated with the homonymic but independent doctrines of logical positivism (the meaning of a sentence is its mode of verification) or sociological positivism (social phenomena can be studied only through the methods of natural science).For much of the next century an amalgam of their views, according to which law is the command of a sovereign backed by force, dominated legal positivism and English philosophical reflection about law.By the mid-twentieth century, however, this account had lost its influence among working legal philosophers.

Its most important roots lie in the conventionalist political philosophies of Hobbes and Hume, and its first full elaboration is due to Jeremy Bentham (1748-1832) whose account Austin adopted, modified, and popularized.Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits.The English jurist John Austin (1790-1859) formulated it thus: “The existence of law is one thing; its merit and demerit another.The only influential positivist theories are the views that moral norms are valid only if they have a source in divine commands or in social conventions.Such theists and relativists apply to morality the constraints that legal positivists think hold for law.

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