During the second half of the 19th century, legal ideology stressed the role of state in law. 19th century jurisprudence was so overmastered by legal positivism that it did not pay any attention to natural law until Hans Kelsen published his Pure Theory of Law (1934). “Positive law (lat. ius positum, from pono)” means laws and rules posited not by nature (e. g. instincts) but by state. In this sense the positive law differs from the natural law. It was produced by rather developed social structures which demanded the establishment of some human behavior rules for their functioning and survival. In legal state, the analysis of laws and the development of their conceptions is germane to the vast complex of jurisprudential, political, ideological and other kinds of ideas and values. The idea of legal state is always close to the ideas of freedom, democracy and human rights. Hence it presupposes the subjection of state to law. Therefore the role of constitution, understood not as declaration but as real possibility, inevitably increases. The methodological and practical significance of constitution is ineluctable.
|Publication status||Published - 2013|
- Legal state
- Positiv law