A Second Look at the Concept of Law in Modern Rights with an Emphasis on Legal Positivism

Law is one of the most fundamental propositions of the modern science and system of rights. Even though this concept is self-evident, it has acquired many different meanings in the various schools of thought contained in the philosophy of rights. Aside from its historical nature, the transformation of the concept of law in the tradition of the positivistic school of thought in the west only has meaning in a total network of concepts, axioms, values and structures. From this point of view, in understanding the fundamental propositions of the humanities, by using an analytical method that proposes a tripartite structure of ‘apparent, hidden and hidden in the hidden’, it is possible to arrive at a more comprehensive understanding of the concept of law in the positivistic legal school of thought. This methodology is not only innovative it also clarifies the profound relation between rights, politics and philosophy based upon consumer-like essence of the science of rights. The result of such a method will be the understanding of law as a historical concept that is founded on specific philosophical foundations, not law as a vessel that has the ability to accept any and everything. Since law is the center of the modern system of rights, the proper understanding of the concept of law is necessary for the understanding of the modern system of rights. It is only then that we can accept or reject it.