Originating in the third quarter of the XIX century legal positivism based on the principles of philosophical positivism of the same name, and will be developed mainly in Western Europe and in Russia.Occurrence trends are traditionally associated with the name of John Austin, which is transformed into a new theory known postulate: "Management of the country should be formed in such a way that it remains manageable."
right to have the power of the sovereign, and nothing more.Any rule or rule becomes the rule of law only under the condition that the will of the sovereign it made mandatory execution for the general public.In Russia, a follower of the idea of legal positivism is becoming GF Shershenevich who saw law as a tool that can speak for the balance of class contradictions that have arisen because of irregularities in the field of education and welfare.Enter into a confrontation with the generally accepted at the time the natural law theory, legal positivism denies the separation of the right to a positive (dictated by the state and its laws) and natural (given by a person at birth by nature).The only possible and valid law, according to supporters of the theory of legal positivism is the right positive, "positive", which occurs in an individual on the basis of the law - there is no other rights can not be.
theory considers the right of the actual, rather than historical, existing today, it is given the role of defender of the interests of society and its individual members.Legal positivism does not identify the concepts of morality and law, believing that the execution of the laws, that is, morals - it is an internal perception of each, and it is the reverse side of the right, separated from it.At the stage of formation and development of capitalist relations in society, the growth of commodity-money circulation, the identification of the will of the legislator and the law, which declares legal positivism, had a positive effect, allows you to adjust the position of a contractual relationship with the law.
At the same time for not taking the necessary legitimacy of the role of the state in the number of signs that declared modern democratic legislation.Apparently, including the reason, a full-fledged theory of law legal positivism become a failed, since it was based on the substitution of notions that the government certainly is legal, and it has repeatedly been refuted by the practice of unjustified violence by the authorities at that time.In addition, the state of law presupposes the supremacy of the will of man and his freedom.Positivism is rejected, because the man was considered only as subservient members of society who belonged to only those rights that he gave the legislator.With legal positivism, and today is not tired to argue natural law theory, for which is essential the possibility of human (human, not just a "thinking animal"), have their own right - to life, liberty, health and labor, motherhoodand to self-determination.
