The view that the law is consciously set or formulated by the

supreme political superior and enforced by sanctions or incentives or both has led to positivist school ofjurisprudence.

PositivistSchool
custom customary modes of decisions

PerspectiveofLegalPositivism
The historical view that the law emanates from the life and

spirit is ambiguous especially the element of time is taken into consideration.

Historicalview
Legal Rule-cannot exist before the happening or occurence of the fact it purports to cover and govern.

Positivistsview
Legal Rule-is created consciously after the occurence of the

act or event in the future.

Maybeeliminatedby:
simply tracing back the legal rule back to its simple beginnings

example:
The modern rule that obligations cannot be assigned

unilaterally existed in the past as a simple concept that a promise is strictly a personal relation between the contracting parties.

theend