Those who declare allegiance to the banner of legal realism might just as easily be called sceptics (and they sometimes are) or even cynics. Indeed, many students—especially after their gruelling journey through legal positivism—find that they are in good company. The realists, they are relieved to discover, eschew the ponderous metaphysics which they discern in...Read More

Imagine a powerful sovereign who issues commands to his subjects. They are under a duty to comply with his wishes. The notion of law as a command lies at the heart of classical legal positivism as espoused by its two great protagonists, Jeremy Bentham and John Austin. Modern legal positivists adopt a considerably more sophisticated...Read More