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Legal Positivism

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[Revised entry by Leslie Green and Thomas Adams on December 17, 2019. Changes to: Main text, Bibliography] Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790 - 1859) formulated it thus: The existence of law is one thing; its merit and demerit another....

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News source: Stanford Encyclopedia of Philosophy

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