Legal positivism rejects the moral and historical dimensions of law as sources of law or norms of legal validity. H. L. A. Hart is the most important figure in the positivist tradition that begins with Jeremy Bentham and John Austin. Bentham was sixteen years old when he attended a series of Blackstone`s private lectures on common law. These lectures were later published under the title Blackstone`s Commentaries. The second principle is the principle of consent, which deals with the validity of the creation of rights. This principle provides that the legitimacy of the law derives from the consent of the persons subject to its authority.

Common law custom, the doctrine of stare decisis and legislation sanctioned by the legitimate representatives of the subjects are all evidence of consent. This standard of validity, known as the « Radbruch formula », has been applied by the German courts. In cases where the discrepancy between justice and law becomes « intolerable », the law is declared null and void from the outset in the interests of justice. The « Radbruch formula » immediately considers such laws null and void because they are not true laws. The rules of natural law are the criterion of legal validity. This norm waives all rights or obligations that violate the regulations of natural law. The Institute provides illustrative examples: contracts concluded for immoral purposes such as the execution of homicide or sacrilege are not enforceable. (Justinian, Institute, 3.19.24). Immorality invalidates illegitimate gains. Whoever profits from illegal domination over someone else`s property must confiscate those profits. (Justinian, Digest, 5.3.52). Abogado.com The #1 Spanish Legal Website for Consumers For a rule to become a legal rule, it must be legally valid.

For a law to become a legal law, it must be legally valid. Similarly, a valid rule is a rule and an invalid rule is not a rule. This chapter deals with the legal validity of the rules. The first section explains the nature of the legal validity and the validity of the rules. The chapter also discusses systemic validity, showing that the justification for legal validity is compatible with dependence on factual sources. In addition, the other difficulties of the conception of justification in the interpretation of detached legal systems are examined and validity in the context of positivism is discussed. Natural justice, on the other hand, includes the principles of natural law that have their origin in nature. Such principles do not arise in people`s minds « by people who think this or that. » The principles of natural law apply everywhere with equal force, just as fire burns in Greece and Persia. Aristotle ensured natural justice by adopting the commandments of natural law as the norm of legal validity. Positive laws that violate natural laws are repealed. (Aristotle, Nicomachean Ethics, 1134b). Bentham`s theory of law has two peculiarities.

The first is Bentham`s exclusion of the historical dimension of law. Bentham`s « imperative » theory of law defines law as (1) the collection of signs of a sovereign`s will, (2) the control of the behavior of those under his power, (3) accompanied by an « expectation » of those people that (4) motivates obedience. The will of the sovereign establishes its own standard of validity. Custom is excluded and the ruler exercises autonomy over the law. (Bentham, 1970, p. 1). Aristotle wrote his philosophy of law to avoid the catastrophes described in his Athenian constitution. Aristotle accepts the necessity of the political dimension of law because laws cannot prevail. Nevertheless, Athenian legal history proves that the political dimension is not sufficient to sustain a society or achieve its happiness.

The corpus divides law into public law, which includes the interests of the state, and private law, which governs the individual. Private law is a mixture of natural law, international law and domestic law. The corpus establishes a clear hierarchy between the three dimensions of law. The moral dimension occupies the highest position and represents the standard of legal validity. The historical dimension of legal custom occupies the second position, and the political dimension of Roman municipal law occupies the lowest position. Third, Hart`s model of law as rules is incomplete. Something important is missing from a legal philosophy that confirms the Soviet and Nazi legal systems. That missing element is justice, and justice is a moral concept. As Ronald Dworkin explains, courts generally decide difficult cases according to legal principles that provide moral justifications for the outcome of cases. Hart`s model rules exclude these principles.

(Dworkin 1967, pp. 23-24). The second argument of laws implies a norm of validity of natural law based on the principles of universal justice. The laws insist that they function as « propositions, not wild orders. » Socrates` duty to obey the laws depends on the observance of the principles of universal justice by the laws. Implicitly, there is no obligation to obey laws when they violate the principles of universal justice. (Plato, Krito, 51st-52d). The historical dimension of law provides the standard of validity based on custom and serving as the main source of human law. The historical dimension also emphasizes the autonomy of custom over the will of political leaders. The moral dimension of law provides the standard of validity based on natural law. The moral dimension also establishes natural rights as limits to the will of the political leader and protects these rights through due process.

The political dimension provides only a limited source of law, and the historical and moral dimensions severely limit the ability of the political leader to impose his will through legal coercion. Blackstone mentions three absolute rights: personal security, personal liberty, and private property. The absolute right to personal security consists of the lawful enjoyment of life, body, health and reputation. The absolute right to personal liberty is freedom of movement without imprisonment or restriction, except by lawful procedure. The absolute right of ownership consists of the free use and transfer of legal acquisitions, without infringement or illegal reduction. (Blackstone 1838, pp. 93-100). John Austin`s The Province of Jurisprudence Determined defines the political dimension of law as the only source of law and validity. Like Bentham`s « imperative » theory, Austin`s « command theory » of law establishes the will of the political leader as its own standard of legal validity. The sovereign may enforce his will by law without being limited by moral principles, customs or the autonomy of the law.

Ronald Dworkin`s « The Model of Rules » argues that Hart`s legal model is incomplete. Courts often decide difficult cases based on legal principles that provide moral justifications for the outcome of the case. One example is the common law maxim that no one should profit from their own misconduct. These legal principles do not fit Hart`s definition of primary and secondary rules. (Dworkin 1967, pp. 23-24). The moral dimension of law dominates Cicero`s jurisprudence. Cicero defines natural law as the perfect reason for commanding and forbidding. These principles are the only source of justice and represent the only measure of legal validity.

« The true law is the right reason in accordance with nature. » (Cicero, De re Publica, 3.33). These principles operate in the moral and historical dimension of law to limit the ability of the ruler to enforce his will through legal coercion. Without these restrictions, legal systems become unjust and unstable. They project the power of the political leader, but they are not valid legal systems. The history of the Western legal tradition is the history of revolutions against such systems.