Aditi Sinha & Harshit Mangla, L.L.M, Damodaram Sanjivayya National Law University
ABSTRACT
Legal positivism is a pretty straightforward theory when expressed with a high degree of generality. It informs us that the law is a matter of fact. Despite its apparent simplicity, it has sparked a great deal of intellectual discussion and controversy. Austin understood law as a construct made up of three essential elements: command, obedience, and sanction. But, as Hart pointed out, the law does not function that way. Legal positivism is the belief that the existence and content of law are determined by social circumstances rather than its merits. In this article, we attempt to figure out the true meaning and essence of positivism, i.e., 'what law is' rather than, ‘what law ought to be’. The positivist notion of sovereign, numerous positivist exponents, its distinctiveness from other legal theories, and critique are all addressed.
