Contributions of normative currents to the development of legal positivism

Abstract

The objective of this work is to analyze the main currents of legal positivism and their contributions to contemporary law, focusing on the approaches of Hans Kelsen, H.L.A. Hart and Joseph Raz. The reason for this research is the need to understand how the autonomy of law and the relationship between law and morality influence current legal systems.The methodology used consists of a comparative analysis of the normativism theories of these authors, highlighting their theoretical contributions on the normative structure of law. Secondary sources, specialized bibliographic reviews and case studies have been used.Among the most notable results, it was found that, although Kelsen and Raz promote a strict autonomy of law, Hart's approach, which allows greater flexibility, is more suitable to face contemporary ethical and social challenges. Kelsen's pyramidal structure and Hart's distinction between primary and secondary rules provide different forms of normative organization.In conclusion, the study recommends integrating Hart's flexibility into modern legal systems to better respond to current challenges, such as the protection of human rights and social justice.