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Jurispudence

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Submitted By Tessy
Words 6207
Pages 25
What is “Law”?
It is possible to describe law as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members. Law therefore is a formal mechanism of social control.

Legal Positivism
John Austin -"A rule laid down for the guidance of an intelligent being by an intelligent being having power over him. A body of rules fixed and enforced by a sovereign political authority."
Professor Hart defined law as a system of rules, a union of primary and secondary rules.
Positivism emphasizes the separation of law and morality.
Thomas Hobbes can be credited to be the father of legal positivism. According to Hobbes , in the state of nature there is “a war of every man against every man, a state of constant strife in which the life of man was solitary, poor, nasty, brutal and short. Law and the government therefore became necessary to promote order and personal security.”
According to legal positivists, law is man-made, or “posited,” by the legislature. Where natural law theorists may say that if a law is not moral there is no obligation to obey it, by appealing to moral or religious principles, but positivists hold that until a duly enacted law is changed, it remains law, and should be obeyed. Legal positivism regards law as a system of clearly defined rules, the law is defined by the social rules or practices that identify certain norms as laws. Jeremy Bentham philosopher and proposed the Utilitarian principle which means that the law should create “the greatest happiness of the greatest number”. Bentham had little time for natural law. Bentham argued that a utilitarian view of the law is that the law should produce the best consequences utilitarian approach is most often seen the relation between law and economics where the law

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