In contrast, the pure-law faculty of authorized thought would refuse to recognize the legitimacy of laws that did not conform to pure, common, or divine legislation. If a lawmaker issued a command that was in violation of pure law, a citizen could be morally justified in demonstrating civil disobedience. For example, in refusing to give up her seat to a white particular person, Rosa Parks believed that she was refusing to obey an unjust regulation. Legislative directives, having the form of common rules which are to be followed in the nation-state or its subdivisions.
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Although they disagree on many different points, these writers all acknowledge that legislation is basically a matter of social truth. Some of them are, it’s true, uncomfortable with the label â€œauthorized positivismâ€ and subsequently hope to escape it. Lawyers often use â€œpositivistâ€ abusively, to sentence a formalistic doctrine based on which regulation is all the time clear and, however pointless or wrong, is to be rigorously utilized by officers and obeyed by topics.
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