Therefore, contrary to what one might hope, there are relativistic co-existence laws which violate common cause principles.
To be sure, Hart agreed with Kelsen that laws may be morally unjustified, but, unlike Kelsen, he thought that the existence of law is, fundamentally, dependent on nothing more than the conventional practices of judges.
To say that the existence of law depends on facts and not on its merits is a thesis about the relation among laws, facts, and merits, and not otherwise a thesis about the individual relata.
Austin famously declared that "the existence of law is one thing; its merit or demerit is another," which would become an oft-cited slogan of legal positivism.
Treacy explained that the main reason for dismissing the application was that the damage caused to the unborn baby by heavy drinking was caused while the child did not have a separate existence in law.
Ordinary subjects' contribution to the existence of law may therefore amount to no more than passive compliance.
For firms to grow the first requisite factor is publicly provided goods, such as the existence of law and order.
As John Gardner notes, legal positivism takes a position only one of them, it rejects any dependence of the existence of law on its merits (Gardner 2001).
And to say that the existence of law depends on social facts does not commit one to thinking that it is a good thing that this is so.
It is, of course, open to them to adopt a unified view and treat every explicit or implicit legal reference to morality -- in cases, statutes, constitutions, and customs -- as establishing moral tests for the existence of law.
