Legal Positivism In The Contemporary Era

Kamal Singh Bisht, BBA LLB, Law College Dehradun, Faculty of Uttaranchal University, Dehradun

Hadiya Khan, Associate Professor, Law College Dehradun, Faculty of Uttaranchal University

ABSTRACT

Legal positivism is a legal theory that highlights the socially created and traditional nature of law. It views law as being similar to positive standards that are established by the government or recognised as common law or case law. Contemporary legal positivism maintains a strong impact in the realm of legal philosophy, highlighting the differentiation between law and morality and the significance of social facts in determining legal validity." This abstract examines the core principles of legal positivism, which emphasise the importance of legal norms being created and enforced by recognised authorities within a particular legal system. This work explores the continuing influence of legal positivism on several aspects of modern legal systems, including the development of court decisions, legislative processes, and the field of international law. This abstract also examines contemporary critiques of legal positivism, which encompass concerns over its ability to incorporate moral considerations and its inclination to maintain unjust legal norms. This study sheds light on the enduring significance of legal positivism in shaping contemporary legal thought and practice through a comprehensive examination of these elements. The notion of legal positivism has been extensively analysed and debated in the field of jurisprudence, with a range of perspectives and critiques.