Is modern law positive or natural?

Also known as "analytical positivism school of law". /kloc-one of the main legal schools of the western bourgeoisie in the 0 th and 9 th centuries, named after claiming that the task of law is only to formally analyze the norms of positive law. The founder of analytical school is Austin, England. The theoretical basis of analytical school is the utilitarianism theory of British philosopher and jurist Bentham and the positivism philosophy of French philosopher Comte. Positivism philosophy holds that philosophy should not be based on abstract reasoning, but on empirical facts. Empirical facts, that is, empirical facts or empirical phenomena, are composed of people's subjective feelings. Utilitarianism advocates that the purpose of law is to pursue the greatest happiness of the greatest number of people, and utilitarianism is the highest purpose of any legislation. Austin believes that although there are great differences in different legal systems in past dynasties, whether natural law or positive law, people can find a universal principle, that is, utilitarian principle. The utilitarian principle is called "natural rationality" by Roman jurists and "human rationality" by enlightenment thinkers and modern jurists. These formulations are nothing more than a unique feeling, view and judgment in human nature, and in the final analysis, they are utilitarian. Since positive law takes natural law as the guiding principle, the so-called "natural rationality" must also be the general principle of utility. The general principle of utility is almost the same in all places and all times, and it is widely adopted and recognized by people. Therefore, people regard utility as the standard to test the quality of law, and it is precisely because of utility that people need law. The analytical method of the analytical school is to analyze the actual concrete legal system and reveal its components, regardless of legal values; Or compare the existing legal system, make a detailed analysis, and extract various elements that constitute the law, so as to find out the general principles, concepts and characteristics of legal communication. Austin, the representative of the analytical school, put Roman law, English law and German law together for comparative analysis, so as to find out the principles, concepts and characteristics of law. The analytical school opposes both the natural law school and the historical law school. They deny the existence of natural law and pay attention to the study of positive law. They limit the law to the scope of positive law, emphasizing that compulsory sanctions are the characteristics of law, and the sovereign is the only creator of law. Regarding the nature and characteristics of law, Austin, the founder of analytical school, believes that "law is an order issued to the people by the sovereign under the threat of sanctions". Regarding order, he can be divided into two types: one is an order with universal binding force, that is, law. The other is the command to determine the specific personal behavior, that is, the special command. Regarding "sanctions", it is an indispensable basic factor of order. Bentham, the founder of utilitarianism, believes that sanctions include two aspects: one is punishment and the other is reward. However, Austin believes that only punishment can achieve the purpose of order, and reward is not the content of sanctions, because it can not achieve the purpose of order. On the relationship between law and morality, Austin's view is contrary to the theory of natural law. He insists that there is no necessary or conceptual relationship between law and morality. The school of analysis focuses on the analysis of positive law itself, while Austin, the founder of the school, regards law as an order to force people to fulfill their obligations through sanctions. Law and morality must be strictly distinguished. Therefore, they put forward the conclusion that all orders of the supreme ruler, that is, laws in a strict sense, whether good or bad, and whether they conform to the rational principle of "justice", must be unconditionally observed as long as they are formulated and promulgated in an appropriate way, so "evil laws are also laws" has become a famous saying of analysts. The analytical school pays attention to the formal classification of the legal system and analyzes and discusses the logical structure of legal norms. This method has its merits, and at the same time, under the historical conditions at that time, it also has a certain positive effect on changing British law.

Also known as "analytical positivism school of law". /kloc-one of the main legal schools of the western bourgeoisie in the 0 th and 9 th centuries, named after claiming that the task of law is only to formally analyze the norms of positive law. The founder of analytical school is Austin, England. The theoretical basis of analytical school is the utilitarianism theory of British philosopher and jurist Bentham and the positivism philosophy of French philosopher Comte. Positivism philosophy holds that philosophy should not be based on abstract reasoning, but on empirical facts. Empirical facts, that is, empirical facts or empirical phenomena, are composed of people's subjective feelings. Utilitarianism advocates that the purpose of law is to pursue the greatest happiness of the greatest number of people, and utilitarianism is the highest purpose of any legislation. Austin believes that although there are great differences in different legal systems in past dynasties, whether natural law or positive law, people can find a universal principle, that is, utilitarian principle. The utilitarian principle is called "natural rationality" by Roman jurists and "human rationality" by enlightenment thinkers and modern jurists. These formulations are nothing more than a unique feeling, view and judgment in human nature, and in the final analysis, they are utilitarian. Since positive law takes natural law as the guiding principle, the so-called "natural rationality" must also be the general principle of utility. The general principle of utility is almost the same in all places and all times, and it is widely adopted and recognized by people. Therefore, people regard utility as the standard to test the quality of law, and it is precisely because of utility that people need law. The analytical method of the analytical school is to analyze the actual concrete legal system and reveal its components, regardless of legal values; Or compare the existing legal system, make a detailed analysis, and extract various elements that constitute the law, so as to find out the general principles, concepts and characteristics of legal communication. Austin, the representative of the analytical school, put Roman law, English law and German law together for comparative analysis, so as to find out the principles, concepts and characteristics of law. The analytical school opposes both the natural law school and the historical law school. They deny the existence of natural law and pay attention to the study of positive law. They limit the law to the scope of positive law, emphasizing that compulsory sanctions are the characteristics of law, and the sovereign is the only creator of law. Regarding the nature and characteristics of law, Austin, the founder of analytical school, believes that "law is an order issued to the people by the sovereign under the threat of sanctions". Regarding order, he can be divided into two types: one is an order with universal binding force, that is, law. The other is the command to determine the specific personal behavior, that is, the special command. Regarding "sanctions", it is an indispensable basic factor of order. Bentham, the founder of utilitarianism, believes that sanctions include two aspects: one is punishment and the other is reward. However, Austin believes that only punishment can achieve the purpose of order, and reward is not the content of sanctions, because it can not achieve the purpose of order. On the relationship between law and morality, Austin's view is contrary to the theory of natural law. He insists that there is no necessary or conceptual relationship between law and morality. The school of analysis focuses on the analysis of positive law itself, while Austin, the founder of the school, regards law as an order to force people to fulfill their obligations through sanctions. Law and morality must be strictly distinguished. Therefore, they put forward the conclusion that all orders of the supreme ruler, that is, laws in a strict sense, whether good or bad, and whether they conform to the rational principle of "justice", must be unconditionally observed as long as they are formulated and promulgated in an appropriate way, so "evil laws are also laws" has become a famous saying of analysts. The analytical school pays attention to the formal classification of the legal system and analyzes and discusses the logical structure of legal norms. This method has its merits, and at the same time, under the historical conditions at that time, it also has a certain positive effect on changing British law.