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Can Legal Positivism, Realism And Natural Law Go Hand In Hand?




Pratham Kaushik, Symbiosis Law School, Noida


INTRODUCTION


One of the very basic ideas of the science of law and the basic crux of what law is and how law is to be studied is given by the theories of legal positivism. The famous theorists that a law student ponders upon are John Austin, Jeremy Bentham, Hans Kelsen and last but not the least HLA Hart.


John Austin and Jeremy Bentham set the basic foundation that law is to be studied as it is and laws are generally the command of the sovereign, they have be abided by the citizens because the rules and regulations passed on by the sovereign are usually backed up by the threat of a sanction. Now the basic question is that how does the sovereign actually form?

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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