SOURCES OF LAW: AN ANALYSIS FROM THE PERSPECTIVE OF THE THESES OF NATURAL LAW AND LEGAL POSITIVISM

Abstract

This work aims to analyze the foundation of law in the conceptions of natural law and legal positivism. Through the concept of the significance of sources, we seek the basis of law, considered as the foundation that transcends legal science and extends to the philosophy of law. This is due to the fact that sources have the ability to represent both the expression of something and its origin, and in certain cases may reflect principles or causes, or even both characteristics simultaneously. In addition, the study intends to explore the evolution of legal thought marked by the differentiation between positive law and natural law, each emphasizing, from different perspectives, the pillars of the moral and legal order. This proposal aims to emphasize that law should not be reduced to a mere manifestation of an order imposed by the predominant social force, devoid of objective criteria that limit the whims of those who exercise such force.