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Summary Positivist Law

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Notes for Introduction to law (LAWS1011A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable. Chapter 2 of: Beginner's Guide for Law Students

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Intro to law: Chapter 2 (2.5.4 -
2.7)
Created @March 23, 2022 2:21 PM

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Positivists and non-positivists

Positivists:

law is detached from politics and econi=omics

do not question the fairness

believe that a judge can be unbiased and impartial



Non-Positivists:

law is part of the socio-political environment

question fairness of law

do not believe in the complete objectivity of the judge

accuse positivists of making the application of apartheid easier




Transformative constitutional democracy
the law cannot be maintained if people do not have faith in the legal system



Intro to law: Chapter 2 (2.5.4 - 2.7) 1

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