The Role of Fact in Creation of Legal Maxim

Until the nineteenth century, natural law and its values (the divine will or empirical reason) were known as a basis for the rule of law. Therefore, a matter was known legal when it matched with the values (divine will or reason). But another approach in law developed in which the legal system was based on facts and the existences. So instead of orders and prohibitions of the natural law and its values, the question of existence and nonexistence “with the title of” positivism" or "prooforiented" was suggested. The spontaneous order of history and social conscience in framework of history school and sociology school of law were raised and presented as the basis of legal rules. But none of these schools could be the basis of its legal system's form. In addition to these two schools, the role of governments in creating legal rules in framework of governmental school has been introduced. The recent school is based on the assumption that while governments can be the basis of legal rules, they have power to create a legal system. But the problem is that governments may use law to meet their interests and intentions. The differently presented views in response to question of establishing legal rules shows that the facts alone cannot establish legal rules and besides them, the minimum content of natural law as an essential element of the legal system of rules should be accepted. In other words, both values and facts are essential to establish the legal system and the fact, minus the value, cannot be efficient in the legal system.