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  • Essay / Legal positivism, normativity of law and normative...

    Now once again, legal positivism comes from the philosophy of law which emphasizes the conventional nature of law, which has been socially constructed; and it is similar to positive norms, and the norms are established by legislators or by common law. Natural law is based on positive law and laws founded by humans for humans, in which they have decided what a norm is and that they must follow it, since they constitute a community. But before continuing to discuss these topics, he gives the definition of jurisprudence, and this has no direct relation to questions of morality, since it falls into a separate category. In other words, it is essentially what is "right" and what "duties" would benefit the community as a community.