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Is this a fair criticism of the legal positivists that you have studied?
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"To treat the data of law merely as legal rules may be a static (and therefore inadequate) representation of a dynamic phenomenon; the reality of regulation as the continually changing outcome of a complex interaction of individuals and groups in society. Legal positivism seeks tests of the "legal" which make it possible to identify the data of law... without looking behind legislative rules to the process by which they were created, and without considering judicial attitudes or values" Roger Cotterell Is this a fair criticism of the legal positivists that you have studied? In the above quotation Cotterell identifies a number of flaws he believes are inherent in positivist theories of law. One's aim is to argue that although the above criticisms are perfectly valid it would be wrong to apply them to positivism as a whole in such a sweeping manner. H.L.A Hart and John Austin are arguably the two most prominent...
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