Law and Economics School of Thought Essay Example | Topics and Well Written Essays - 750 words

Law and Economics School of Thought - Essay Example Morality is thus considered a function of humanity in any given society. In terms of human rights, natural law exponents are of the view that some rights are inherent and/or universally cognizable through human reason. This view was especially used in the formulation of common law. Enthusiasts of common law, therefore, mainly concur with this school of thought. The positivist view refers to a school of thought of jurisprudence and philosophy of law that largely developed in and around nineteenth-century Europe. Scholars agree that the base of legal positivism is the tenet that â€Å"In any give legal system, the legality of any norm and subsequent acceptance as part of the law in the said system is dependent on the norm’s source and not its strengths. The exponents of the school, in contrast with those who support the natural law, are of the view there is very little significant connection between morality and law. Positivists make some unique claims regarding what is and should be considered legally valid. Leslie Green, one of the most celebrated positivists, was convinced that a society can be correctly said to have a legal system if and when it has laid down structures of legal authority not when it dispenses justice or observes the ideals of democracy or the rule of law. The laws being enforced in such a system are highly dependent on whatever social standards the government officials recognize as being authoritative. Positivism, therefore, recognizes the authority of whatever has been posited as law. Positivism considers the law a social construction. Law and economics is a school of thought with its origins from the Benthamite jurisprudence.