Positivist theory

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In this essay I will apply the positivist theory to the R. v. Williams [18]1 S.C.R. 118 case. Theory is the frame work that determines and defines the state of affairs within which certain phenomena will be analyzed, criticized and synthesized. This frame work functions as a paradigm that determines the set of legitimate questions to be asked and signifies the direction towards probable answers to these questions.

Positivism is defined by The Oxford Reference Dictionary as "the theory that laws are to be understood as social rules, valid because they are enacted by 'the sovereign or derive logically from the existing decisions, and that ideal or moral considerations (e.g., that rule is unjust) should limit the scope or operation of the law." The positivist are not concerned about the morality of law. If there was morality in the law there wouldnt be a consistent application of law. The issue is not if law can be morally evaluated or not, they are concerned about the mechanics of law. They say we dont need morality, trust who ever is elected and their morality, and government is everything because you elected them.

The natural law theory is in conflict with positivism, because in natural law theory an unjust law is not a valid law. "The essence of the natural law perspective is lex iniusta non est lex an unjust low is no law at all." If you cant detect morality in law, that means its invalid. It has a longer history then positivism. "Until the twentieth century, natural law theory was generally conceived to be based upon Christian theology or Judeo-Christian values."

Legal realism began in the U.S.A. at the beginning of the 1st Century. They argue that in order to understand the legal process the person must be aware of the political, social and economic context which law brings up and changes. They see the background of the judge will reflect to the decisions they make and to the growth of the statutory law. Legal realism provides the tools for law, for better interpretation of law. Before judging they would try to find what is behind that law and what was intended by it. Do my essay on Positivist theory CHEAP !

Critical Legal perspective arose in law schools of U.S. in late 170s. "They were simply seeking to locate those people working either at law schools or in closely related academic settings with a certain vaguely perceived, general political or cultural predisposition…" Like legal realist did in 10s this approach got the attention of law teachers and the social scientists.

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