Overview

The main objective of this work is to carry out a historical analysis of Legal Positivism, a doctrinal current that was widely dominant among jurists in the period between the 19th century and the first half of the 20th century. To this end, the analysis will begin with the central concepts that underpin the history of law, namely positive law and natural law. For this analysis, the evolution of both positive law and natural law will be studied, highlighting their main characteristics. This will be followed by an examination of Legal Positivism based on its main characteristics, as well as its development throughout the 19th and early 20th centuries. Once the characteristics and main positivist schools have been presented, the thought of Hans Kelsen, one of the main names and exponents of this doctrine, will be examined. The analysis will be based on the study of the work Pure Theory of Law, as well as jurists who analyze this work.