The Analysis Of Empirical On Ontology Of Legal Positivism

Legal positivism has been searching for the Objectivity and certainty of law from it's born, they mainly expound the theory in two aspects: first,the law itself is definite norm system; Second, there is no essential connection between law and morality, the prove of legality can instead of justification. This can remove the uncertain factors from law such as morality. However, the prove of legality is also a complicated problem, Positivists intend to draw into final norm—rule of recognition as the identified standard, but Hans Kelsen has told us that norm itself can't be the origin of law effect, the rule of recognition needs more interpretation. The rule of recognition depends on the convention in the opinion of Positivists. The convention can make a description of the normative and set up a bridge between the law and the society. But, the debate has not stopped; there are different opinions on the rule of recognition and convention. My essay intend to display the empirical of legal positivism by the study on the theory of history, illustrate the theory track and the essence of empirical, finally propose my view, clarify the connection among law society and morality, answer the discussion between legal positivism and School of Natural law.