It is doubtful that anyone ever held this view, but it’s in any case false and has nothing to do with legal positivism. Among the philosophically literate another, extra intelligible, misunderstanding could intervene.
The constructive-regulation college of legal thought would acknowledge the lawmaker’s command as reliable; questions in regards to the regulation’s morality or immorality would not be necessary. In contrast, the natural-regulation faculty of legal thought would refuse to acknowledge the legitimacy of laws that didn’t conform to natural, common, or divine legislation. If a lawmaker issued a command that was in violation of natural regulation, a citizen could be morally justified in demonstrating civil disobedience. For instance, in refusing to surrender her seat to a white individual, Rosa Parks believed that she was refusing to obey an unjust legislation. —government orders, rules, or judicial selections—in a fairly precise method to discover out what the law says.
The subsequent main step in the evolution of the common regulation came when King John was pressured by his barons to signal a doc limiting his authority to move legal guidelines. This “great constitution” or Magna Carta of 1215 additionally required that the King’s entourage of judges maintain their courts and judgments at “a certain place” somewhat than allotting autocratic justice in unpredictable places in regards to the country. A concentrated and elite group of judges acquired a dominant function in legislation-making under this method, and in comparison with its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest courtroom in France had fifty-one judges, the English Court of Common Pleas had five.
Legal techniques are subsequently the kind of factor that’s apt forappraisal as simply or unjust. It makes no sense to ask whether a sure fugue is just or to demand that it become so. The musical standards of fugal excellence are pre-eminently inside—a great fugue is an effective example of its style; it ought to be melodic, interesting, inventive and so on.—and the additional we get from these inner requirements of excellence the extra diverse evaluative judgments about it turn out to be. While some formalists flirt with similar ideas about legislation, this appears inconsistent with law’s place amongst human practices.
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