Positivism

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Annotated Bibliography: Positivism Bhandari, S. (2014). Legitimacy, Authority, and Validity of Law: An Integrated Approach to Legal Positivism and the Methodology of Welfare-Grundnorm. Available at SSRN 2550108. Bhandari (2014) examines the theoretical inconsistencies associated with legal positivism. Legal positivism is based on three key elements, namely legitimacy, enforceability, and validity. Legitimacy entails the creation and enforcement of laws endeavored to encourage all the good actions in society and discourage all the bad actions in society. Enforceability entails the implementation of laws whereby a society should have persons enacted with the responsibility to enact laws. Broadly, laws can be enacted through external enforcing or self-policing. External enforcing entails relying on police officers to enforce laws while self-policing entails members of society acting in the right manner without being supervised. Validity entails the ability of the rule of law to withstand the test of time. However, legal positivism is faced with not only inflexibility but also inconsistency. Despite society constantly changing, laws take a considerable time before they change. Inconsistency entails laws not being enforced with the same vigilance to all members of society. Leiter, B. (2015). Marx, Law, Ideology, Legal Positivism. Virginia Law Review, 101. Leiter (2015) explores Marxist ideologies in light of legal positivism. Marxist theory is founded on three tenets. The first tenet of development is the extent to which the factors of production are developed. The second tenet is the production relations. The third tenet is the ideological organization of the

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