The Truth in Legal Positivism

John Finnis

in The Autonomy of Law

Published in print June 1999 | ISBN: 9780198267904
Published online March 2012 | e-ISBN: 9780191683404 | DOI:
The Truth in Legal Positivism

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In this chapter, the three types of law are discussed. Natural laws are intrinsic to reason and are never inapplicable. The second type of law refers to that whose relation to natural law is intrinsic, direct and immediate, but is at times inapplicable in some situations. The third are positive laws, which are defined as the product of human deliberation and choice. The second and third types are linked back to the natural law, having an intrinsic relation to it. To understand legal positivism, the operation of the types of laws stated must first be understood. The term ‘positivity’ is also defined in this chapter, to mean a concept of organizing the reflection on law, legal rights and legal justice. The discussions of Thomas Aquinas and Aristotle about law are used as support for this chapter.

Keywords: Aristotle; natural law; positive law; positivity; Thomas Aquinas

Chapter.  8351 words. 

Subjects: Jurisprudence and Philosophy of Law

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