Can Legal Positivism, Realism And Natural Law Go Hand In Hand?
- IJLLR Journal
- Feb 16, 2022
- 1 min read
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?