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ARTICLE · 04 SEPTEMBER 2023

Positive Morality And Analytical Positivism

Khurana & Khurana, Advocates and IP Attorneys
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This article aims to understand the concepts of positive morality and analytical positivism.

IndiaInternational Law

META DESCRIPTION

This article aims to understand the concepts of positive morality and analytical positivism.

KEYWORDS

Positive AND Morality AND Analytical AND Positivism AND John Austin AND Imperative Theory AND Analytical Positivism AND Apex Court

Introduction

Positive morality and Analytical positivism are two concepts that were mainly deliberated by a well-known jurist, John Austin. John Austin in his book- The Province of Jurisprudence Determined discusses these concepts. The former is a legal theory also known as the Imperative Theory of Law. This theory explains law as a command by the sovereign. In case of violation of such a command, penalties are imposed on the wrongdoers. The latter, Positive morality is linked with Analytical Positivism because it is considered as one of the sources of law according to positive law despite imperative theory being devoid of morality. This is because morality in general sense is very different from the concept

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