Dive deep into the realm of Legal Positivism in Episode #5 of our Intro to Law series, tailored specifically for LLB students and law enthusiasts. In this video, we explore the foundational principles of Legal Positivism, a significant theory in the study of jurisprudence that has shaped modern legal systems.
Timestamps:
0:00 Brief Summary
0:28 Channel Introduction
0:50 Intro. to Legal Positivism
1:28 Jurisprudential Approach
1:42 Chief Supporters of theory
2:46 Chief Principles of theory
3:24 Jermy Bentham thoughts
3:57 John Austin thoughts
4:48 Critical Analysis
7:01 Conclusion
Key Highlights:
Core Principles of Legal Positivism: Unpack the central tenets of Legal Positivism, which asserts that law is distinct from morality and that the validity of a law is not dependent on its moral correctness but on its enactment by a recognized authority within a legal system.
Influential Thinkers: Delve into the contributions of three pivotal figures in the development of Legal Positivism:
John Austin: Learn about Austin’s "command theory," which defines law as commands set by a sovereign and backed by sanctions.
Jeremy Bentham: Explore Bentham’s utilitarian perspective and his argument for laws being a creation of humans rather than a reflection of divine or natural rights.
John Salmond: Examine Salmond's interpretation and adaptation of positivist principles in his legal philosophy.
Critical Analysis: Engage with a critical discussion on the strengths and limitations of Legal Positivism. We discuss how this theory applies to contemporary legal issues and the criticism it faces for its perceived neglect of moral dimensions in lawmaking.
This video is perfect for law students beginning their journey into legal theories or anyone interested in the mechanics of law and its philosophical foundations. Join us as we break down complex ideas into digestible insights, complete with examples and expert commentary.
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