Positivism

Aquino. Arciaga. Calub. Diaz. Patricio

1) Introduction
2) Comparison with Naturalism
3) History

Outline

4) 5 philosophers
5) Legal Positivism
6) Legal Positivism: Filipino
Context
7) Conclusion

Positivism
Founded by Auguste Comte (18th Century)

Empirical and Objective

Reality through science

5 main principles
1) Logic of Inquiry
2) goal of inquiry: explain and predict
3) Research: Empirical
4) Science is not common sense
5) Science = judged by logic

Types of positivism
1) Logical Positivism
2) Sociological Positivism
3) Polish Positivism
4) Legal Positivism

Naturalism vs Positivism
Naturalism

Positivism

Sees a connection between law

and morality

Does not make such a

distinction

Human law is an attempt to

express a universal moral law,
decreed by God and discernible
via human reason

Human law is essentially a

social institution, the
existence and content of which
is, fundamentally, a matter not
of Gods law but of human will
and power

History
Antecedents in ancient political philosophy and is
introduced in medieval legal and Political thought
Legal Positivism: Jeremy Bentham and John Austin
Influences: Hans Kelen, H. L. A Hart, and Joseph Raz
Philosophy of Law and Social Theory

John Austin

His logical ideas gave an account on a concept of law

which is What Law is
The basic points of John Austins positivism:

1. Laws are commands issued by the sovereign

2. The commands are enforced through sanctions and
Penalties
3. The Sovereign is the one who is obeyed by the majority

Joseph Raz
Legal Positivism: to condemn a formalistic doctrine
according to which law is always clear and, however
pointless or wrong, is to be rigorously applied by officials
and obeyed by subjects

George Berkeley (16851753)

- Contiguity
- Empirical theory of vision
- Correlation of ideas of sound and touch

Jeremy Bentham (1748 1832)

Utilitarianism
Distinction of law and morality
Positivism: Man should focus on what is identifiable

Bentham and Legal

Positivism
Bentham developed the earlier form of legal positivism
Law is a command expressing the will of the sovereign

David Hume
experience is the basis of our knowledge of facts about
the world
matters of fact
"the science of man is the only solid foundation for the
other sciences"

Legal Positivism
Philosophy of law which posits that laws are social
constructed
laws are not based on divine commandments, reason, or
human rights
laws that are enforced in a certain system are dependent
upon the social standards its officials deem authoritative.

Main Tenets of Legal

Positivism
pedigree thesis
separability thesis
the discretion thesis

Legal Positivism: Philippine

Context
Command Theory of Law
Ignorance of the Law excuses no one from compliance
therewith
Civil Obligation

Conclusion
Legal Positivism - treats laws by the way they have been created by the legislators
rather than their aspects on humanity, justice, reason or even divine commandments.
Legal Positivism is the complete reciprocal of the idea on Natural Law theory
Legal Positivism taught us that every person is bound to follow the laws of the land
and to know that in any case of disobedience there must be a corresponding penalty.
Lastly, the Philippine Laws have legal positivism character on it that is embodied in
most of our laws which are enacted by our legislature.