Many people partially blame the older German legal tradition of legal positivism for the ease with which Hitler obtained power in an outwardly " legal " manner, rather than by means of a coup.
32.
Whereas legal positivism would say that a law can be unjust without it being any less a law, a natural law jurisprudence would say that there is something legally deficient about an unjust law.
33.
Legal positivism does not claim that the laws so identified should be followed or obeyed or that there is value in having clear, identifiable rules ( although some positivists may also make these claims ).
34.
Among the foremost proponents of legal positivism in the twentieth century was Hans Kelsen, both in his European years prior to 1940, and in his American years following 1940 until his death in 1973.
35.
In his 1958 debate with Hart and more fully in " The Morality of Law " ( 1964 ), Fuller sought to steer a middle course between traditional natural law theory and legal positivism.
36.
He is principally known as an opponent of legal positivism, and for having remained as an active scholar during the 1930s in Nazi Germany who did not speak out against the prevailing government of that time.
37.
Logical positivists, such as Rudolf Carnap and Alfred Jules Ayer paved the way for another important tenet of legal positivism, namely, that propositions and the use of words must be examined in order to understand reality.
38.
Nonetheless, the implication of natural law in the common law tradition has meant that the great opponents of natural law and advocates of legal positivism, like Jeremy Bentham, have also been staunch critics of the common law.
39.
This was subjected to criticism by the advocates of legal positivism such as the jurist Hans Kelsen for its distinction between " law created by the state and law produced by the organisational imperatives of non-state social associations ".
40.
For the school of Lombard�a the theory of " canonizatio " necessarily implies the acceptance of legal positivism and the conditioning of the binding character of the divine law ( natural and positive ) to an act of authority.
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