TUKARAM AND OTHERS VS STATE OF MAHARASHTRA – POSITIVIST VIEW
DOI:
https://doi.org/10.55662/Abstract
Legal positivism is a philosophy of law that emphasizes the conventional nature of law—that it is socially constructed. According to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator or considered as common law or case law. Legitimate positivism does not construct law in light of celestial instructions, reason, or human rights. Lawful positivism does not suggest a moral legitimization for the substance of the law, nor a choice for or against the acquiescence to law. Positivists don't pass judgment on laws by inquiries of equity or mankind, yet only by the routes in which the laws have been made. This incorporates the view that judges make new law in choosing cases not falling plainly under a legitimate run the show. Positivist law theory says laws are made by the sovereign and are backed by sanction.
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