INADEQUACY OF THE LEGITIMACY OF THE LAW IN ITS NORMATIVE PRODUCTION, FROM THE IUSPOSITIVST AND IUSNATULAIST PERSPECTIVES

Abstract

The legitimation of the law is defended from diferent epistemological discourses of the different theories of legal thought. Particularly, from the oldest of them, iuspositivism and natural law, theoretical approaches are made from which a legal normative system is validated, basically, from the iuspositivism, by the public power deposited in those who are authorized to produce the norm legal and, from the natural law, by the rational intuition of experts who determine the scope of universal values that become reference sources of normative production, suffering from a social and participatory consent of the target society.