The Field Of Legal Theory Is Continually Being Refined

The field of legal theory is continually being refined through further thought, and through the process of greater collective experience. The majority of modern legal works find their roots in the Enlightenment period. The modern legal theory has developed into two main schools that deal with how the law is and does not address what the law should be; those two fields are legal positivism and legal realism. Of the two primary schools of thought, legal positivism is the more common, and it defines the law as it â€Å"is found in the actual practices or institutions of society. Two of the most notable authors of legal positivism are H.L.A. Hart and Hans Kelsen both were heavily influenced by ideas of the Enlightenment, however each had a†¦show more content†¦Even custom is not law unless it is recognized and enforced by a competent human authority.† These themes were prevalent in Hobbes’s Leviathan and influenced the entirety of positivism, most notably Hume and Kant. The influence of David Hume and Immanuel Kant is clearly evident in the writings of H.L.A. Hart and Hans Kelsen. The primary ideas of Hume that influenced Hart were that the world as it is can only be perceived and that facts and values came from different sources. Hume felt that facts were observable occurrences in the physical world and values were derived from the community. One of the most important ideas that Hume developed through the premise that the world is only perceived is that there is no cause and effect as it is only a chain of facts linked by necessity. The most significant ideas that Kant developed were the concept of synthetic a priori knowledge and that the human conscience establishes what the mind knows. These two separate ideas go well together being that Kant is developing the existence of empirical knowledge that is known before any experience, which goes handily with the conscience determining what the mind knows. The ideas of Hume and Kant will prove a sound foundation for Kelsen and Hart to build on. The work of H.L.A. Hart was most influenced by the work of David Hume. Hart defines the law as the voluntary observance of the commands of the sovereign. RatnapalaShow MoreRelated12 Years A Slave : An Accurate And Verifiable Account Of The Common Slave Experience Essay1633 Words   |  7 Pages He was subjected to the cruelty for the next twelve years while he survived as the human property of several different slave masters, He continually struggled to survive and maintain some of his dignity. Then in the 12th year of the disheartening ordeal, a chance meeting with an abolitionist from Canada he was was finally freed and is taken home. 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