Traditional Legal Positivism | Jurisprudence

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  • Опубликовано: 11 окт 2024

Комментарии • 4

  • @thelawacademy1
    @thelawacademy1  9 месяцев назад +3

    If you have any questions, let us know in the comments below!

  • @andiakram1829
    @andiakram1829 9 месяцев назад

    You said the third reich makes natural law decline and legal positivism popular(sorry if I misunderstood). Can you please elaborate more on why the third reich makes people go to legal positivism? If it was legal to oppress people in the third reich, then shouldn't we go back to the natural law to say that the holocaust is wrong?

    • @macdekraken663
      @macdekraken663 8 месяцев назад

      yes, you are right and you probably heard it incorrectly on the video. I believe that what was stated and happened is that Positivism began to decline because of occurrences like the 3rd Reich. That is, saying 'law is law' and there is no morality in it (morality being separated by positists), led to terrible atrocities carried out in Germany. German citizens followed the law even though it led to genocide and terrible actions against individuals. From then, it became clearer that law cannot be law alone as dictated by a sovereign or in this case dictator (Hitler). And so, because of the changing world, the emergence of the Universal Declaration of Human Rights 1948 (which puts the individual and their rights front and centre) and the United Nations Bodies, these things have led theorists away from positivism and to some (necessary) resurgence of morality in law.

    • @andiakram1829
      @andiakram1829 8 месяцев назад +1

      ​@@macdekraken663oh okay thank you so much for answering