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 — formulated it thus:. The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry. It says that they do not determine whether laws or legal systems exist.
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STEPHEN F. AUSTIN STATE UNIVERSITY - [SFA], NACOGDOCHES, TEXAS - ADMISSION
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