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T is a matter of debate whether the birth of legal positivism Hobbes, Bentham and Austin, outstanding, but most legal experts believe that HLA Hart's version of legal positivism is best suited for modern constitutional system can be given by is.For Hart, the law is not something that is a political imposition, but the cultivation of different types of rules through a complex system develops.

Before the advent of the modern theory of the essentially legal concept of natural law philosophy, which was dominated by the state law test. In modern times, Hobbes, the positive law and natural law in fact, divorced, state law independent of an external criterion. However, the act of Hobbes fully positivism existing law ("Act") and the Model Act ("Act") does not distinguish did not complete.

Keep only the current law was not created by state law, but also a law.The work was done by John Austin "must have". Austin divorce law claims entirely based on external criteria of validity "must." Principles of their legal system on its principle of sovereignty. For Austin, a legal system exists if For Austin, the legal system of a sovereign, all directly or indirectly with the law was issued.- which can consist of internal and external relationships.

Perhaps the most important interior decorating relationships relationships implicitly recognized by Austin. A law that not only includes an essential part of all is a different law, unless the question is a criminal law.Another type of internal links to Austin known genetic link is recognized and authorized by law, the relationship between the law of obedience to law, ie. IndependenceA Austin's theory may be based on the principle of the theory of legal system, can be said is based on the principle of freedom, if you agree that there is no logical reason why a legal system, an internal structure.

The idea that any law a separate entity, existence, meaning and application, which should not affect other laws based may be based on rational Austin's theory of individual demand for obedience means that the legal system lifetime and the lifetime of the laws of the system determines the legal system itself. Austin 'quiet' command to come up with solutions to the problem of continuity of the old laws.Austin's theory does not meet this requirement