INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Fundamental Concepts of Law soru detayı:

PAYLAŞ:

SORU:

What is the legal positivism approach?


CEVAP:

Legal positivists take their view of law from positive science. Law is studied on an objective and empirical basis. The question is not what law ought to be, but rather what actually law is. Only laws on the statute books and other written forms can be considered as law since they have an empirical form. Consequently, according to this view, the function of a judge is mechanical: it is simply to apply the objective.