Positive Factors Essay

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Positive Philosophy in Law

Thomas Aquinas and Hans Kelsen held that the law enforced by human courts is indeed a positive law. Legal philosophers have since come up with a flurry of arguments claiming that positive law must have its source and content.

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These philosophers were and are of contention that the court's core mandate should be that of harmonizing heterogeneous sources of law into a coherent body of law for ease of administration of justice......

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